Question 1

In determining whether an individual is a limited purpose public figure for purposes of a libel action,a court will consider

Accepted Answer

In determining whether an individual is a limited purpose public figure for purposes of a libel action, a court will consider all of the above factors - whether the individual was involved in a controversy, the nature of the controversy, and the role played by the individual in the controversy. This is because all of these factors can serve as indicia of whether the individual voluntarily injected themselves into a public issue or debate, thus becoming a public figure for limited purposes.

Question 2

All elected government employees are regarded as public officials.

Accepted Answer

All elected government employees hold public office and thus are considered public officials.

Question 3

Some courts have used three criteria suggested by the U.S.Supreme Court to decide whether a reporter or editor exhibited reckless disregard for the truth.Which of the following is not one of these three?

Accepted Answer

The three criteria suggested by the U.S. Supreme Court are (1) whether there was sufficient time to investigate the story, (2) the reliability of the source, and (3) whether the story was inherently improbable or far-fetched. The verification by two independent sources is not one of the three criteria.

Question 4

Whether or not a reporter sought a comment from the subject of a libelous story will always be a critical factor in determining actual malice.

Accepted Answer

Actual malice involves knowing the information was false or acting with reckless disregard for its truth or falsity, not necessarily whether a comment was sought from the subject.

Question 5

Once a person is considered a public figure for purposes of a libel suit,he or she will always be regarded as a public figure in future libel cases,regardless of the subject matter of the subsequent libelous publication.

Accepted Answer

Whether a person is considered a public figure for purposes of a libel suit is based on the specific circumstances of each case, including the person's level of involvement in public affairs or whether they have voluntarily injected themselves into a public controversy. Therefore, a person may not necessarily be considered a public figure in future libel cases if the subject matter and circumstances of the subsequent publication are different from the original case.

Question 6

Most judges tend to focus on one of the four elements of the tort of intentional infliction of emotional distress when evaluating a defendant's actions.It is

Accepted Answer

Most judges tend to focus on whether the defendant's conduct was outrageous when evaluating a defendant's actions for the tort of intentional infliction of emotional distress. While the other elements - intention/recklessness, causation, and severity of distress - are also important, it is generally the outrageousness of the defendant's behavior that is the central focus in these types of cases.

Question 7

In libel law,a public controversy is defined as a controversy in which the resolution of the issues will affect a larger group of persons than those involved in the controversy.

Accepted Answer

This accurately reflects the definition of a public controversy in libel law.

Question 8

Bootstrapping in libel law occurs when

Accepted Answer

Bootstrapping in libel law occurs when the press creates a controversy by reporting on an issue or event, and then pulls the plaintiff into the story. This is done in order to generate more interest and coverage about the issue. It is considered unethical and can lead to a stronger case for the plaintiff as they are now involved in a highly-visible story.

Question 9

Generally speaking,it would be negligent for a reporter or editor to publish

Accepted Answer

Publishing a story based on allegations from a source known to be unreliable is negligent because it disregards the need for credible and trustworthy information.

Question 10

In the 1967 ruling in AP v.Walker,Curtis v.Butts,the Supreme Court laid down a test for

Accepted Answer

The 1967 ruling in AP v. Walker, Curtis v. Butts established the test for actual malice in libel cases involving public figures. The court ruled that for a public figure to successfully sue for libel, they must prove that the statement was made with actual malice - that is, with knowledge that it was false or with reckless disregard for the truth. Therefore, the correct choice is C (actual malice).

Question 11

The New York Times rule was generated by a lawsuit stemming from the Bush-era invasion of Iraq.

Accepted Answer

The New York Times rule is not related to the invasion of Iraq. It refers to a legal standard established in a 1964 Supreme Court case regarding freedom of the press and defamation.

Question 12

A business regulated by the government is always regarded as a public figure.

Accepted Answer

A business regulated by the government is not automatically regarded as a public figure; being a public figure typically involves a higher level of public interest or fame beyond just government regulation.

Question 13

Which of the following was not a reason the Supreme Court used to justify its ruling against L.B.Sullivan in his libel suit against The New York Times?

Accepted Answer

The Supreme Court's ruling against L.B. Sullivan in his libel suit involved considerations beyond those listed in options A, B, and C. The Court emphasized the need for "actual malice" in cases involving public officials, meaning Sullivan needed to prove that the Times published the advertisement with knowledge that it was false or with reckless disregard of whether it was false or not. None of the reasons listed in options A, B, and C directly relate to the actual malice standard or other primary considerations in the Court's decision.

Question 14

Which of the following businesses would likely be regarded as a public figure in a libel suit?

Accepted Answer

In libel suits, public figures are those that have gained attention or notoriety in the community due to their actions or the public interest in their activities. All the businesses described have engaged in actions that thrust them into the public spotlight, making them likely to be considered public figures in the context of a libel suit.

Question 15

In which of the following situations would an individual most likely be deemed to be a public official in a libel suit?

Accepted Answer

A public official is someone who holds a government position or has government duties, authority, or power. In this case, the city councilwoman is an elected official and therefore falls under the category of public official. The teacher in choice A and custodian in choice B are not public officials as they do not hold government positions or have government duties, authority, or power.

Question 16

A plaintiff must prove either knowledge of falsity or reckless disregard for the truth to show malice.

Accepted Answer

This is known as the "actual malice" standard of defamation law established by the landmark Supreme Court case New York Times Co. v. Sullivan. In order for a public figure or official to successfully sue for defamation, they must prove that the defendant had knowledge of the falsity of their statements or acted with reckless disregard for the truth. The standard is more lenient for private individuals, who need only show that the defendant acted negligently in making a false statement about them.

Question 17

A reporter who deliberately alters a direct quote from a news source may be guilty of actual malice if

Accepted Answer

The essential test for actual malice is whether the reporter had knowledge of falsity or reckless disregard for the truth. If a reporter deliberately alters a direct quote and the alteration results in a material change in the meaning of the statement, it is considered reckless disregard for the truth and can result in a finding of actual malice.

Question 18

An individual can be regarded as an all-purpose public figure if he or she is well known nationally,or well known exclusively in the geographic area (such a state or city)in which the libel was circulated.

Accepted Answer

An individual can be considered an all-purpose public figure if they are well known nationally or within a specific geographic area where the libel was circulated. This status can affect the burden of proof in a defamation lawsuit.

Question 19

Individuals whose actions inadvertently or innocently push them into a public controversy are rarely regarded as public figures.

Accepted Answer

Individuals who inadvertently or innocently push themselves into a public controversy can still be considered public figures if they become the focus of public attention and their actions have a significant impact on society. The determination of whether someone is a public figure or not is based on the context of the situation and the level of public interest involved.

Question 20

Lower courts have consistently ruled that persons married to or closely associated with public persons are also public persons for the purposes of libel action.

Accepted Answer

Lower courts have not consistently ruled that persons married to or closely associated with public figures are also public figures for the purposes of libel action. The determination often depends on the context and the individual's own conduct or involvement in public affairs.

Quiz 5: Libel: Proof of Fault