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Exam 4: Libel: the Plaintiffs Case

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Question 21

Multiple Choice

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Elements that could help show actual malice include

A) failure to check facts
B) quickly publishing a story when the news is not "hot"
C) fabricating interviews
D) all the above
E) none of the above

F) A) and E)
G) C) and D)

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Question 22

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A newspaper can act as a third party to assert the First Amendment right of an anonymous commenter in an online libel case.

A) True
B) False

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Question 23

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Libel law balances the media's First Amendment rights against individuals' right to protect what?

Plaintiffs rarely win negligent infliction of emotional distress lawsuits against the media because the media rarely can know to whom in their audiences they would owe a duty.

It is theoretically possible for one-time public figures to revert to private status with the passage of time.However,the courts have been inconsistent in their application of this concept.

Based on a recent decision in the 9^th Circuit,when are bloggers entitled to the protections provided in the Gertz case?

Whether a plaintiff is considered a public figure for purposes of a libel suit can depend on the nature of the material being published-specifically whether it relates to a matter of public concern.

Which of the following is an element of the plaintiff's case when the plaintiff is claiming intentional infliction of emotional distress?

A person who had tested positive for HIV,the virus that causes AIDS,was at a hospital for further tests and discussion with a doctor.The patient did not have the disease of AIDS,only the HIV virus in his body.When the patient entered the hospital examination room,where normally only the patient and physician would be present,he was asked if he would allow his photograph to be taken.At first,he refused.But the photographer and physician assured him that he would not be recognized because the photo would be taken from a back angle and in silhouette.No one said who the photographer was,but the patient assumed she was with the hospital and that the photo would be used for research purposes within the hospital.The patient agreed to allow the picture to be taken.In fact,however,the photographer was from the local paper that published the photo of the patient being examined by the doctor to illustrate a story that discussed the hospital's research on people who have the AIDS disease.The patient could be identified in the photo by a number of his friends,and he was terribly upset by his picture being used with the story.The patient wants to sue the newspaper for negligent infliction of emotional distress.Would that suit be successful? Why or why not?

Sam Stint lives in Midville,a town in which there are six used car dealers.All six of the dealers belong to a statewide organization of used car dealers called DORC (Dealers of Recycled Cars),which has a total of 200 members throughout the state.In looking for a late-model,low-mileage automobile costing no more than $750,Sam went to each of the six local dealers.Each told Sam that what he was looking for was not available,and each suggested instead that he look at late-model,low-mileage cars costing from $5,000 to $10,000.Sam was outraged.Sam wrote a letter to the editor of the town newspaper saying,in part,"The DORC members in Midville are thieves.They are cheaters.They try to steal your money.They are totally dishonest.You shouldn't buy cars from them.(Signed: Sam Stint.)" The newspaper printed the letter.The six local car dealers had their car sales drop by 50 percent or more during the two months after the letter was printed.All six of the businesses sued for libel.Will the car dealers be able to prove the first three elements of a libel suit-publication,identification,and defamation? Remember to include definitions and how the elements are proven in court.

Jerome tells Chris,a reporter for the Gazette,that Ron robbed a local bank.The Gazette prints the story.Ron claims the story is not true and sues for libel.Ron

Given the false implication that a series of accurate statements could create,a story whose elements are accurate individually still could be considered libelous.

George and his wife,Louise,watch a nightly newscast on Channel 8.The newscast incorrectly reports that George is accused of stealing money from the business of which he is chief financial officer.Louise is concerned the report reflects badly on her.She calls her lawyer and tells her to sue Channel 8 for libel.Louise's lawyer says:

Remarks aired on a radio or television station are likely to be found extreme and outrageous if

Joan is intent on getting the City of Westview to build more bike lanes.She has written many letters to the local paper,been a guest on local radio talk shows,appeared numerous times before the city council,and even paid for a billboard urging her cause.One day a local radio station talk show host says that two years ago Joan ran her car into a bicyclist who was riding in a bike lane.Joan says the story is false and sues the station (and the show host) for libel.What level of fault will Joan have to prove,and why?

Courts in some states allow plaintiffs to sue for emotional distress if the defendant violates a plaintiff's legal rights,such as defaming the plaintiff.

The U.S.Supreme Court upheld a jury's verdict in favor of Jerry Falwell against Hustler Magazine for libel in the Campari parody case.

In determining if a libel defendant acted with actual malice,courts will consider which of the following?

Which phrase below is most closely synonymous with "celebrity?"

In a newspaper gossip column,Sally wrote that she did not like Sam's hair,which he had dyed purple.Sam felt insulted and sued Sally for intentional infliction of emotional distress.Sam will