Question 1

In Deteresa v.ABC,a federal appellate court held that:

Accepted Answer

In Deteresa v. ABC, the court held that ABC did not violate Deteresa's rights. The case involved complex issues around privacy and media rights, but ultimately, the court did not find ABC at fault for the actions described in the other options.

Question 2

In 2009,a California appeals court said in Moreno v.Hanford Sentinel,Inc.that the social networking site MySpace is most like a/an:

Accepted Answer

The court compared MySpace to a bulletin board, stating that it is an online public forum where users can post content for others to view and respond to. This is similar to a physical bulletin board where people can post notices for others to read and respond to. Therefore, choice C is the best option.

Question 3

In Florida Star v.B.J.F. ,the Supreme Court held that:

Accepted Answer

In Florida Star v. B.J.F., the Supreme Court held that the media may not be penalized for publishing information lawfully obtained from a court document that was made public. The court ruled that the First Amendment protected the media's rights to publish such information, even if the publication caused harm to the victim. Therefore, option C is the correct choice. The other options are incorrect because they either do not reflect the Supreme Court's ruling or present an extreme interpretation of it.

Question 4

The concept of a right of privacy was first proposed in an 1890 Harvard Law Review article written by two men,one of whom would later become a U.S.Supreme Court justice.The future justice was:

Accepted Answer

The concept of a right to privacy was first proposed in an 1890 Harvard Law Review article titled "The Right to Privacy" written by Samuel Warren and Louis Brandeis, who later became a U.S. Supreme Court justice.

Question 5

The U.S.Supreme Court has held that it is usually a violation of the Fourth Amendment for law enforcement officers to allow the media to accompany them into a private home when the officers go in,even with a search or arrest warrant.The case:

Accepted Answer

In Wilson v. Layne, the U.S. Supreme Court held that it is usually a violation of the Fourth Amendment for law enforcement officers to allow the media to accompany them into a private home when the officers go in, even with a search or arrest warrant. This ruling clarified that the Fourth Amendment protects individuals from unreasonable searches and seizures, including those conducted with the involvement of the media.

Question 6

In private facts cases,the most viable defense is usually:

Accepted Answer

In private facts cases, the most viable defense is usually newsworthiness. This is because the publication of private facts about an individual is not considered unlawful if the facts are of legitimate public concern or interest.

Question 7

The actual malice rule,which prevents public figures from winning libel cases unless they can prove that a falsehood was published either knowingly or recklessly,was extended to some invasion of privacy lawsuits in the case of:

Accepted Answer

The actual malice rule was extended to invasion of privacy lawsuits in the case of Time, Inc. v. Hill in 1967. In this case, the Supreme Court ruled that even private individuals could be considered public figures if they voluntarily inject themselves into a public controversy in order to influence its outcome. As a result, they would have to prove actual malice in order to win a libel suit.

Question 8

In 1992 the U.S.Supreme Court reaffirmed the basic principle of Roe v.Wade (i.e. ,that the right of privacy includes the right to choose an abortion without undue government interference during the early months of pregnancy)in the case of:

Accepted Answer

Planned Parenthood v. Casey was a 1992 case where the U.S. Supreme Court reaffirmed the basic principle of Roe v. Wade that the right of privacy includes the right to choose an abortion without undue government interference during the early months of pregnancy.

Question 9

Reversing an earlier decision,the Supreme Court declared in 2003 that there is a constitutional right of privacy that bars states from prosecuting consenting,adult homosexuals for private acts of sodomy.The case?

Accepted Answer

The case in which the Supreme Court declared the constitutional right of privacy that bars states from prosecuting consenting, adult homosexuals for private acts of sodomy is Lawrence v. Texas (2003).

Question 10

In a 2001 decision,the U.S.Supreme Court upheld a radio station's right to broadcast a newsworthy tape of an illegally intercepted cellphone conversation.The case:

Accepted Answer

The case in question is Bartnicki v. Vopper, which dealt with the broadcasting of a tape of an illegally intercepted cellphone conversation between a union leader and a school board official. The Supreme Court ruled that the radio station had the right to broadcast the tape because it was a matter of public concern and the station did not participate in the illegal interception.

Question 11

The Supreme Court said that an employee's text messages on government equipment can be searched without violating privacy in:

Accepted Answer

In City of Ontario v. Quon, the Supreme Court ruled that an employee's text messages on a government-issued device can be searched without violating the Fourth Amendment's protection against unreasonable searches and seizures. However, the Court did leave open the possibility that such searches could violate an employee's reasonable expectation of privacy in certain circumstances.

Question 12

In a 2000 decision,the U.S.Supreme Court overturned a state law that banned partial birth abortions.The case:

Accepted Answer

Stenberg v. Carhart (2000) is the only case among the options that deals with the issue of partial birth abortions. The Supreme Court overturned a Nebraska state law that banned the procedure.

Question 13

In 2007,a new 5-4 majority on the Supreme Court upheld a federal law that banned partial birth abortions in the case of Gonzales v.Carhart.This was the court's first ruling on abortion after the retirement of the justice who provided the decisive fifth vote to overturn laws restricting abortions in several earlier cases.The justice:

Accepted Answer

The retirement of the justice who provided the decisive fifth vote to overturn laws restricting abortions in several earlier cases occurred in 2006 and was Sandra Day O'Connor. The fact that the ruling in Gonzales v. Carhart was the court's first ruling on abortion after her retirement indicates that she was likely the justice who previously provided the swing vote on abortion cases. Therefore, choice D, Sandra Day O'Connor, is the best answer.

Question 14

In right of publicity cases,the most viable defense is usually:

Accepted Answer

The most viable defense in right of publicity cases is usually consent. If the person in question gave their consent to the use of their name, image, or other personal attributes, then it is generally not considered a violation of their right of publicity. However, the terms and limitations of the consent will also need to be examined. Other defenses, such as truth or newsworthiness, may not be applicable in all cases.

Question 15

In which of these cases did a celebrity win monetary damages even though there was no use whatever of his/her name or photograph?

Accepted Answer

In Midler v. Ford Motor Company, Bette Midler won monetary damages because Ford used a sound-alike singer in their commercial after Midler herself refused to sing. This case established that even without the direct use of a celebrity's name or photograph, the distinctive voice of a celebrity is also protected against unauthorized commercial use.

Question 16

The right of privacy normally includes all of the following concepts except:

Accepted Answer

The right not to be photographed at the scene of a news event is not typically included in the concept of the right to privacy, as news media are generally allowed to cover newsworthy events in public spaces.

Question 17

In 1967,the U.S.Supreme Court ruled that there is constitutional protection against unlawful surveillance (by wiretap,bugging,etc. )in any place where a person has a "justifiable expectation of privacy." That was in the case of:

Accepted Answer

The case of Katz v. U.S. (1967) established the principle that there is a "reasonable expectation of privacy" in conversations, even in public places, and that wiretapping or other forms of electronic surveillance constitute a search under the Fourth Amendment of the U.S. Constitution, which protects against unreasonable searches and seizures. This ruling effectively extended Fourth Amendment protection to all areas where an individual has a reasonable expectation of privacy, not just physical spaces like homes or offices.

Question 18

The U.S.Supreme Court held that a newspaper committed an invasion of privacy by falsely implying that a reporter had interviewed someone who had not been interviewed and describing how that person felt after a tragedy.The case?

Accepted Answer

Cantrell v. Forest City Publishing Co. involved the U.S. Supreme Court holding that a newspaper committed an invasion of privacy by falsely implying a reporter had interviewed someone who had not been interviewed and describing how that person felt after a tragedy.

Question 19

In Time,Inc.v.Hill,the Supreme Court ruled that:

Accepted Answer

In Time, Inc. v. Hill, the Supreme Court ruled that a family that was mistakenly associated with a fictionalized account of their ordeal had to prove "actual malice" to win a false light invasion of privacy case against a magazine. This case established important standards for privacy cases involving public figures or matters of public concern.

Question 20

Internet privacy issues have become increasingly controversial in recent years.In 2004,a federal appeals court held that a company may search employees' e-mail on the company server without violating the Electronic Communications Privacy Act.The case:

Accepted Answer

The case of Fraser v. Nationwide Mutual Insurance Co. is significant because it established that employers can search employee emails on company servers without violating the Electronic Communications Privacy Act. This case raised concerns about the privacy rights of employees in the workplace and sparked discussions about the need for clearer guidelines and regulations regarding electronic communications and privacy in the workplace.

Quiz 5: The Right of Privacy