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PSU COMM 403 Libel Exam

Terms in this set (26)

Why can't the speech of a senator speaking on the floor of the Senate while the Senate is in session be the basis of a successful libel suit?
A It receives an absolute privilege from libel suits.
B Article 1, Section 6 of the Constitution protects such speech.
C The framers valued robust debate in Congress.
D all of the above
D all of the above
Which of the following is privileged, that is, it cannot be the basis of a successful libel suit?
A Testimony by a person on the witness stand during a trial.
B The opening and closing statements of attorneys in a trial.
C The reading, in open court, of the jury's verdict.
D all of the above
D all the above
Which of the following is privileged, that is, it cannot be the basis of a successful libel suit?
A A citizen speaking for or against proposed legislation at a bill hearing.
B A citizen speaking about any issue during the public comment section of a city council meeting.
C A county executive recommending policy to the county commissioners during the monthly meeting of the county commissioners.
D A and B above.
E all of the above
E all the above
If a communication receives a qualified privilege from libel suits, there is also always an underlying communication on which it is based that receives an absolute privilege.
A True. B False.
true
What is reckless disregard for the truth?
A Publishing something with a high degree of awareness that it is probably false.
B Publishing something with serious doubts as to whether or not it is true. C One of the forms of actual malice.
D all of the above
D all the above
If a person has been arrested for committing murder, but has not yet been on trial, what should she be called in a newspaper story?
A whatever the police call her.
B murderer.
C the person who was arrested in connection with the murder.
D the criminalE none of the above
C the person who was arrested in connection with the murder
Is it libel to publish a statement saying the founder of the Proud Boys is a misogynistic antisemite?
A Yes, the words misogynist and antisemite are libel per se.
B No. Falsity is one of the elements of libel. If someone has repeatedly espoused misogynistic and antisemitic views in public forums, it is not libelous to call them a misogynist and antisemite.
A Yes, the words misogynist and antisemite are libel per se.
Can one criminally libel a person who is dead?
A Yes, in those few states that still have criminal libel statutes.
B No.
B No
Defenses against libel actions, in addition to qualified privilege and the opinion defenses, include
a. consent and innocent action.
b. right of reply and innocent action.
c. consent and right of reply.
d. innocent action and mitigating circumstances.
e. none of the above
c. consent and right of reply.
According to the U.S. Supreme Court, changing the words in a quotation

A is OK so long as the author retains the gist of what the speaker was saying.
B always amounts to actual malice.
C is usually negligent.
D none of the above
A is OK so long as the author retains the gist of what the speaker was saying.
The libel alleged in New York Times v. Sullivan came in
A a news story about a civil rights demonstration.
B an advertisement.
C a company newsletter.
D an opinion piece on the editorial page.
E none of the above
B an advertisement
A court trial is one government proceeding excluded from the application of qualified privilege.
A True
B False
B False
A person who was considered a public figure in connection with a public controversy remains a public figure with regard to stories published or broadcast about that controversy in the future, despite the passage of time.

A True
B False
A True
Which of the following is an example of venue shopping?

A Choosing to bring a libel suit in a state where the statute of limitations has not yet expired.
B Buying suits or other formalwear to make witnesses and parties to a lawsuit look respectable in court.
C Buying gifts for the judge or members of the jury (to be delivered by the bailiff.)
D none of the above
D none of the above
Why argue in the alternative?

A If the court does not agree with an attorney that one side wins or loses on a prong of a rule, it may agree with the attorney on later prongs.
B As Maude Lebowski might say, a good man must be thorough.
C Arguing in the alternative has gone out of fashion in most legal circles and is no longer expected.
D none of the above
A If the court does not agree with an attorney that one side wins or loses on a prong of a rule, it may agree with the attorney on later prongs.
16. Which is black letter law?

A Milkovich
B Ollman
A Milkovich
Which are courts more likely to apply when a libel defendant claims the communication was opinion?

A Milkovich
B Ollman
A Milkovich
Which justice wrote the opinion from which we get the Ollman test?

A Scalia
B Kennedy
C Rehnquist
D Thomas
E none of the above
E None of the above
Who is Stormy Daniels?

A A porn star.
B A woman who claims to have had an affair with the president.
C A woman who claims she was threatened to keep quiet about an affair with the president.
D A woman whose defamation suit based on the president's tweets was dismissed and who was ordered to pay the president's legal fees.
E all of the above
E all the above
Which justice has suggested he is open to reconsidering the actual malice standard in New York Times v. Sullivan?

A Ginsburg
B Sotomayor
C Thomas
D Kagan
E none of the above
C Thomas
Which of the following likely would be deemed a limited-purpose public figure?

A Kim Kardashian
B Pennsylvania Governor Tom Wolf
C LeBron James
D Ivanka Trump
E none of the above
E none of the above
How many elements of libel are there?

A Two.
B Three.
C Four.
D Five.
E Six.
C Four
What is a tort?

A A cake, often with buttercream frosting.
B A private wrong.
C Any criminal proceeding for which the penalty can exceed two years of prison.
D none of the above
B A private wrong
Why did an Ottertail County, Minnesota coroner only have to show negligence when she sued for libel?

A She was appointed, not elected to the office.
B She had not knowingly thrust herself into the spotlight on a public issue.
C The story that contained the defamatory comments about her was not about her work for Ottertail County.
D all of the above
E none of the above
D all the above
Why did Sullivan sue the New York Times?

A So many Alabamans subscribed to the New York Times that nearly everyone in the state had read material about him that he considered defamatory.
B A New York Times reporter clearly had a grudge against him and wrote things that were untrue.
C He claimed his reputation was injured by untrue allegations contained in the newspaper.
D He wanted to sue the Washington Post, but the statute of limitations for that suit had tolled.
E none of the above
C He claimed his reputation was injured by untrue allegations contained in the newspaper.
Who was President Biden's nominee who was added to the U.S. Supreme Court?
Ketanji Brown Jackson
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