Question 1

The media's "qualified" privilege to report false, defamatory statements at official proceedings:

Accepted Answer

The answer of The media's "qualified" privilege to report false,...

Question 2

In a letter to the editor, a citizen calls a developer a "blackmailer" because the developer has demanded that the city council rezone a property before the developer will give the city park land. The Supreme Court has ruled in a similar case the term "blackmailer" in the rezoning controversy is:

Accepted Answer

The term "blackmailer" constitutes hyperbole and is an expression of the author's opinion rather than a statement of fact. The Supreme Court has upheld the use of strong language in debates on issues of public concern, such as zoning disputes, and has deemed such language protected by the First Amendment. Therefore, this statement does not meet the standard for libel and would be considered a form of rhetorical hyperbole amounting to opinion.

Question 3

The Supreme Court said that the failure of the New York Times to check the accuracy of the advertisement "Heed Their Rising Voices" constituted:

Accepted Answer

The Supreme Court ruled that the failure of the New York Times to verify the accuracy of the advertisement was negligent. This negligence led to false statements being published, which resulted in injury to the plaintiff. However, the Court also ruled that in order to prove actual malice, the plaintiff needed to show that the Times published the false statements with knowledge that they were false or with reckless disregard for whether they were true or false.

Question 4

Ace Reporter reports accurately from the police blotter that Barry Crackup was intoxicated when the car he was driving killed Denise Dead. The police blotter was wrong; Crackup was not driving the "death car." Crackup sues Ace Reporter and his newspaper. Which of the following is Ace's best defense?

Accepted Answer

Qualified privilege of reporting protects journalists when they accurately report information from official records, even if the information is later found to be incorrect.

Question 5

A broadcast station WZZZ is fulfilling its obligations under Section 315 of the Communications Act when a candidate for public office falsely calls Kirk Kounter, treasurer of Liberty Bank, an embezzler. Kounter sues the candidate and the station for libel. WZZZ's strongest defense would be

Accepted Answer

Section 315 of the Communications Act requires broadcast stations to provide equal opportunities to all legally qualified candidates for public office but does not hold stations liable for defamatory statements made by candidates during their allotted broadcast time.

Question 6

Which of the following are good media practices when a caller threatens to sue for libel?

Accepted Answer

Taking notes and contacting the editor or publisher are both good media practices when a caller threatens to sue for libel. Admitting potential errors can actually be damaging and could potentially harm the legal position of the media organization. Therefore, the best choice is A and B only.

Question 7

To win a libel suit against the media, a plaintiff must prove all of the following EXCEPT:

Accepted Answer

To win a libel suit, the plaintiff must prove identification, harm, and fault in the publication. The standard is not about the publication being "reasonable" but rather about it being false and damaging.

Question 8

A successful neutral reportage defense usually requires the media to prove the published defamation is:

Accepted Answer

A successful neutral reportage defense requires the media to prove all of the above criteria - that the published defamation is newsworthy and related to a public controversy, made by a responsible person or organization, about a public official or public figure, and accurately reported alongside opposing views.

Question 9

Radio Righteous reports that Retro Bookstore sells "obscene videos." When Retro sues the station for defamation, Radio Righteous should win because:

Accepted Answer

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Question 10

All of the following might sue for defamation EXCEPT:

Accepted Answer

Governments generally cannot sue for defamation because doing so would conflict with freedom of speech principles. Defamation laws are designed to protect the reputations of individuals and entities, but governments are considered to be outside the scope of entities that can claim defamation.

Question 11

Which words and phrases would be protected opinion in a libel suit?

Accepted Answer

Option A uses hyperbole and vivid language, making it unlikely to be taken as a statement of fact. Option B is a subjective statement that is not demonstrably true or false. Option C, on the other hand, is a factual statement that is potentially libelous if it is false. Therefore, options A and B would be considered protected opinion in a libel suit.

Question 12

When a British man helped rescue children trapped in an underwater cave in Thailand, the entrepreneur and businessman Elon Musk called the man a "pedo guy" on Twitter and a "child rapist" in emails. A jury found that Musk's statements constituted:

Accepted Answer

Elon Musk's statements were found not to constitute any of the specific legal claims listed (A-D) in a court of law. The jury decided that Musk's tweets did not meet the legal standards for defamation, which includes libel, thus resulting in a verdict in favor of Musk. This means that, legally, his statements did not constitute criminal libel, false light, intrusion, or libel per quod, leading to the correct answer being "none of the above."

Question 13

All of the following are true about state anti-SLAPP statutes EXCEPT:

Accepted Answer

State anti-SLAPP statutes cannot be invoked in federal court because they are state laws, and federal courts have limited jurisdiction to hear cases arising under state law.

Question 14

In 2019, the U.S. Court of Appeals for the Ninth Circuit permitted an anti-libel injunction requiring a speaker to:

Accepted Answer

The U.S. Court of Appeals for the Ninth Circuit allowed an anti-libel injunction that encompassed issuing a retraction for libelous statements, taking down statements adjudged as libelous, and preventing the repetition of similar statements in the future, thus covering all the actions listed.

Question 15

In late 2020, the FAA released two final rules intended to accelerate the integration of drones into the national airspace system. The rules:

Accepted Answer

The first option listed is correct. The two final rules released by the FAA in late 2020 allow for drones to be flown over people, at night and over moving vehicles, without the need to seek operation-specific waivers from the FAA. This is intended to accelerate the integration of drones into the national airspace system.

Question 16

Why do media defense attorneys in defamation cases so often (and frequently successfully) ask a judge to issue an order of summary judgment?

Accepted Answer

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Question 17

Describe the combination of sloppy and unprofessional reporting practices that might add up to actual malice.

Accepted Answer

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Question 18

Why did the Supreme Court compare large civil damages to criminal libel statutes in New York Times v. Sullivan?

Accepted Answer

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Question 19

Why is it NOT protected opinion for the campus television station to report in a newscast: "Some students think Professor Jones may be an alcoholic"?

Accepted Answer

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Question 20

Briefly describe best practices for handling libel complaints at a newspaper or broadcast station.

Accepted Answer

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Quiz 4: Libel