Question 1

George and his wife,Louise,watch a nightly newscast on Channel 8.The newscast incorrectly reports that George is accused of stealing money from the business of which he is chief financial officer.Louise is concerned the report reflects badly on her.She calls her lawyer and tells her to sue Channel 8 for libel.Louise's lawyer says:

Accepted Answer

Louise cannot win her case because she is not the one who is directly accused of the theft. George would be the one who would have standing to bring a libel suit against Channel 8. Additionally, in order for George to succeed in a libel suit, he would need to prove that the report was false and that it caused him harm to his reputation or financial status. The report reflecting badly on Louise is not a sufficient basis for a libel suit.

Question 2

Joan is intent on getting the City of Westview to build more bike lanes.She has written many letters to the local paper,been a guest on local radio talk shows,appeared numerous times before the city council,and even paid for a billboard urging her cause.One day a local radio station talk show host says that two years ago Joan ran her car into a bicyclist who was riding in a bike lane.Joan says the story is false and sues the station (and the show host)for libel.What level of fault will Joan have to prove,and why?

Accepted Answer

Joan would need to prove actual malice because she has become a limited-purpose public figure by voluntarily engaging in a public controversy over bike lanes. This status requires a higher standard of proof in libel cases, where the plaintiff must show that the defendant knew the statement was false or acted with reckless disregard for the truth.

Question 3

Which term is defined as an attempt by a libel defendant to enhance its defense by claiming that the statement over which it is being sued made the defendant a public figure?

Accepted Answer

Bootstrapping is the term used to describe a scenario where a libel defendant argues that the plaintiff is a public figure, thereby making it harder for the plaintiff to win the case. This strategy is often employed by defendants to strengthen their defense by changing the standard of proof needed to establish liability. It is also known as the "public figure defense."

Question 4

Remarks aired on a radio or television station are likely to be found extreme and outrageous if

Accepted Answer

In order for remarks to be considered extreme and outrageous and therefore meet the legal standard for intentional infliction of emotional distress, the person saying the words must have known that the plaintiff was particularly susceptible to emotional distress. Simply being on a call-in program or appearing on a controversial show like The Howard Stern Show would not be enough to meet this standard. Likewise, whether the person saying the words had met the plaintiff before the broadcast is not necessarily relevant to whether the remarks were extreme and outrageous.

Question 5

A newspaper story says that most of the 250 members of the Associated Waterworks Union are corrupt.Sam Jones,one of the union members,

Accepted Answer

Sam Jones may not sue for libel because he cannot prove identification. The statement was made about the group as a whole, not about him specifically, making it difficult for him to claim that he was personally defamed.

Question 6

Elements that could help show actual malice include

Accepted Answer

Actual malice, as defined by New York Times Co. v. Sullivan, requires a defendant to have published a statement with knowledge of or reckless disregard for its falsity. Failure to check facts, quickly publishing a story without verifying its accuracy, and fabricating interviews all demonstrate reckless disregard for the truth and would therefore help show actual malice.

Question 7

A century ago when plaintiffs first brought lawsuits claiming defendants caused them emotional distress,

Accepted Answer

A century ago, courts rarely allowed plaintiffs to recover for emotional distress. The concept of emotional distress as a basis for a lawsuit was not well established and was not recognized by many courts until later in the 20th century.

Question 8

The notion that the mere threat of any kind of lawsuit decreases the aggressiveness of the news media and their willingness to pursue and publish/broadcast hard-hitting stories is most commonly referred to as

Accepted Answer

The term "chilling effect" refers to the way in which the threat of legal action can intimidate the news media to the point where they are less likely to pursue or report on stories that could potentially result in a lawsuit. This can have a negative impact on press freedom and the public's access to information.

Question 9

The Daily Press prints a story quoting a public university administrator-the dean of sciences-saying that nearly all students in the university's School of Journalism and Mass Communication are binge drinkers and come to class drunk.There are 400 SJMC students.Mary Smith,a senior in SJMC,knows that is not true about her and she wants to sue for libel.Smith

Accepted Answer

The statement made by the dean is about a large group (400 students), making it difficult for Mary Smith to prove that the statement specifically identified her, which is a necessary element in a libel case.

Question 10

Colin,a Channel 3 reporter,rushed to an auto accident scene.He saw two young children leaving an ice cream store.Without seeking anyone's permission and with his camcorder running,Colin asked the children what they knew about a truck that had hit a parked red car killing the person sitting in the car.That was the children's first realization that their father was dead.Acting for the children,their mother sued Channel 3 for intentional infliction of emotional distress.It is likely a court will find that

Accepted Answer

Colin's actions can be considered extreme and outrageous, as he approached young children without seeking permission or considering the possible emotional harm his questioning may cause. The fact that the children's mother is suing for intentional infliction of emotional distress supports this argument. The age of the children and whether or not the videotape was aired are not relevant to whether or not Colin's actions were extreme and outrageous.

Question 11

In determining if a libel defendant acted with actual malice,courts will consider which of the following?

Accepted Answer

In determining if a libel defendant acted with actual malice, courts will consider all three factors listed in A, B, and C. Was the publication urgent, were the sources credible, and was the plaintiff interviewed, all contribute to the court's overall assessment of whether the defendant acted with actual malice. Therefore, choice D is the correct answer.

Question 12

In a newspaper gossip column,Sally wrote that she did not like Sam's hair,which he had dyed purple.Sam felt insulted and sued Sally for intentional infliction of emotional distress.Sam will

Accepted Answer

Insults, especially about personal choices like hair color, generally do not rise to the level of outrageous conduct required for a claim of intentional infliction of emotional distress.

Question 13

To win an intentional infliction of emotional distress suit,a plaintiff

Accepted Answer

The answer of To win an intentional infliction of emotional...

Question 14

Which phrase below is most closely synonymous with "celebrity?"

Accepted Answer

"Celebrity" refers to a person who is widely recognized in society and often appears in the media. An "all-purpose public figure" is a term used in the legal system to describe someone who is well-known and has influence or impact in multiple areas of society, such as politics, entertainment, or business. This closely aligns with the concept of a "celebrity." The other options - public official, limited-purpose public figure, and plaintiff - do not accurately capture the meaning or connotation of "celebrity."

Question 15

Emotional distress is defined as

Accepted Answer

Emotional distress is a psychological state in which an individual is experiencing high levels of emotional pain, anxiety, or fear. This can be caused by traumatic events, such as abuse or violence, or ongoing stressors such as financial difficulties or relationship problems. Feeling anxious or frightened are examples of emotional distress, and are more severe than simply being insulted or mildly upset. Feeling nauseous may be a physical symptom of emotional distress, but it is not a defining characteristic.

Question 16

Which element of the libel plaintiff's case is most directly associated with damaged reputation?

Accepted Answer

Defamation is the element of the libel plaintiff's case most directly associated with damaged reputation, as it refers to false statements or allegations about a person that are likely to harm their reputation. The other three elements - identification, falsity, and fault - are also important in a libel case, but they do not have as direct a connection to reputation damage.

Question 17

Words within direct quotation marks

Accepted Answer

Words within direct quotation marks can be the basis of a successful libel suit if they substantially change the meaning of what the plaintiff actually said. This is because it can be seen as a false statement that harms the plaintiff's reputation.

Question 18

A student at Glorious State University,with 500 faculty,sends an e-mail message to all members of her media law class saying,"Many GSU faculty-in all departments-sell heroin to the students." A GSU English professor likely

Accepted Answer

The statement is too broad and does not specifically identify any individual, making it difficult for any one professor to claim that they were personally defamed.

Question 19

The U.S.Supreme Court has held that public officials and public figures bringing suits for intentional infliction of emotional distress must prove

Accepted Answer

Public officials and public figures bringing suits for intentional infliction of emotional distress must prove actual malice, meaning that the defendant made the statement with knowledge that it was false or with reckless disregard for whether it was true or false. This standard comes from the landmark case New York Times Co. v. Sullivan (1964), which established the actual malice standard for defamation cases involving public officials.

Question 20

Jerome tells Chris,a reporter for the Gazette,that Ron robbed a local bank.The Gazette prints the story.Ron claims the story is not true and sues for libel.Ron

Accepted Answer

The Gazette can be held liable for libel if it publishes a false statement that damages someone's reputation, regardless of whether the statement originated from another source. Republishing libelous content does not absolve the publisher of responsibility.

Quiz 4: Libel: the Plaintiffs Case