5 Written questions
5 Matching questions
- Booth Rule
- Example of Transformative use
- Business as Public Figures (Standards to Qualify)
- Common Law Defenses
- a That right to publicity can be transformed from dead people to their companies or families - Rosa Parks song by OutKast
- b guilty knowledge
- c 1. Business advertises unusual promotional campaign to draw attention to itself.
2. The notoriety of the business.
3. Is the business regulated by the government?
4.Was libelous comment on the business of public concern?
5. Frequency and media intensity of scrutiny of the business
- d The use of a person's name or likeness in an advertisement for a magazine or a newspaper or v program is usually not regarded as an appropriation
- e 1. Truth
2. Privileged Communication
4. Fair Comment
6. Right of Reply
5 Multiple choice questions
- Must prove actual malice. A person who has done something to influence public opinion on a particular issue
- In NY Times v. Sullivan they federalized public/private entities and public figures of whom need to show actual malice. The court took libel law under control
- Carelessness, not using care
- 1. by arguing that the statements are rhetorical hyperbole
2. by arguing that the statements are protected by the first amendment
3. by arguing that the statements are fair comment and criticism
5 True/False questions
one of the "Emanations and Penumbras" in the constitution where the justices have found privacy rights → An "inherit right" the privacy is everywhere and no where in the constitution
True or False? A court trial is one government proceeding excluded from the application of qualified privilege → True
Four Privacy Torts → 1. appropriation
3. publication of private facts
4. putting someone in false light
Private Figures → must prove negligence. Those who are not classified as public figures
Some courts refuse to recognize the tort of publication of private facts. Why? → 1.Publication of story urgent?
2.How reliable was the source of the story
3. Story had a large chance of happening?