Quiz 4 Flashcards

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0
Q

Although it consists of many legal components, libel may generally be described as the publication or broadcast of _______

A

a statement that injures someone’s reputation in the community

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1
Q

What professions might be involved in a libel suit

A

Advertising copyrighter
Public relations representative
online journalist

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2
Q

Defendants named in a SLAPP suit often involve _____

A

Citizens/groups who criticize a company’s operations or conduct

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3
Q

Five elements that a plaintiff must successfully demonstrate in a libel suit against the mass media are:

A

publication, identification, defamation, falsity, and fault

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4
Q

If not used accurately, what categories may result in defamatory meaning?

A

Sexual promiscuity, personal habits and traits, and ridicule

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5
Q

What is one of the five items a plaintiff must prove in a libel suit?

A

Truth

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6
Q

Rhetorical hyperbole is a libel defense that:

A

May be invoked if the defamatory language used is so outlandish that a reasonable reader or listener realizes it’s an opinion and not to be take as statements of fact

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7
Q

Negligence applies as the fault requirement when libel plaintiffs are:

A

Private persons

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8
Q

Actual malice applies as the fault requirement to all:

A

public officials, all-purpose public officials, limited0purpose public officials.

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9
Q

If an elected official, such as a city council memer, makes a defamatory remark during an official part of a public hearing, that city council member is:

A

protected under ABSOLUTE PRIVILEGE

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10
Q

Under section 230 the communication decency act, interactive computer service providers are protect from liability for their users defamatory comments

A

true

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11
Q

______ is a defense against libel that protects those who report information from public records or proceedings later alleged to be defamatory

A

Fair reporting

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12
Q

_____ protects those who report impartial and accurate representations of allegations made by a responsible party or organization against a public official

A

neutral reportage

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13
Q

Which of the following was part of the rationale behind the ruling in New York Times vs. Sullivan?

A

Officers of the government should expect their performance to be scrutinized and criticized by the public

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14
Q

A person who willingly provides information for publication to photography or videotaping is an example of what defense to invasion of privacy?

A

consent

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15
Q

In a one party consent state, it is legal to record a conversation without informing all parties

A

true

16
Q

_____ only protects against physical invasion of property

A

Trespass

17
Q

Right of publicity is the appropriation of name or likeness of another for commercial rather than informational purposes

A

true

18
Q

If a celebrity like Lady Gaga, who earns a living based upon her image, wishes to file an appropriation claim, she will probably assert:

A

right to publicity violation

19
Q

There is a limited expectation of privacy in someone’s home

A

false

20
Q

There is a full expectation of privacy in a public place

A

false

21
Q

What is a defense to privacy?

A

Consent, newsworthiness, public documents

22
Q

Elements of false light

A

Information published must be offensive to a reasonable person, publisher of the material must be at fault, must be believable

23
Q

All party states forbid recording unless both parties agree

A

true

24
Q

Privacy laws protect people from

A

emotional distress

25
Q

South Carolina is a _____ state

A

one party state

26
Q

Publishing or broadcasting information that is available in a public record is an example of what defense to invasion of privacy?

A

public document

27
Q

As a journalist, covering the victim of a crime may noto be considered an invasion of privacy based on what defense to invasion of privacy?

A

newsworthiness