WRONG

Question 1

Under the first amendment, can public figures recover for defamation?

Answer 1

No, unless actual malice is shown in the defaming statement.

Question 2

When will actual malice be found in a defaming statement?

Answer 2

Where the statement is made with knowledge that it is false or with reckless disregard of its truth or falsity.

Question 3

Does the First Amendment provide the press with any special right to trespass?

Answer 3

No, press has no special right to trespass even if the trespass was done in order to investigate a story about a public figure or a matter of public concern.

Question 4

If a private matter is one of legitimate public interest, is its publication privileged?

Answer 4

If the matter is one of legitimate public interest, its publication is privileged if its made without actual malice, especially if the information was obtained legitimately, such as a picture taken in public.

Question 5

Treaties that are not self-executing are not effective unless and until:

Answer 5

Congress adopts effectuating legislation

Question 6

What does the 14th amendment equal protection clause prohibit?

Answer 6

Prohibits states and subsidiary state governments and entities from treating similarly situated people in a dissimilar manner without adequate justification.

Question 7

Does the 14th amend. equal protection clause apply to private action?

Answer 7

Generally, no.

Question 8

private action will constitute state action when:

Answer 8

(1) the private actor is performing a traditional and exclusive state function, or
(2) the state is significantly involved in the private action