Libel Defenses and Privileges MCQ

1. Section 230 of the Communications Decency Act protects Internet service providers from libel claims, although the protection is not absolute.

2. Rhetorical hyperbole as a libel defense is based on the idea that no reasonable person would take the material in question seriously, and therefore that material did not damage anyone’s reputation.

3. Private individual plaintiffs suing for intentional infliction of emotional distress do not have to prove actual malice on the defendant’s part.

4. Sam falsely published that Joan robbed a bank. In some states, Joan may sue for infliction of emotional distress as well as for defamation.

5. Many courts use a four-part test in assessing the constitutional libel defense of opinion.

6. Journalists reporting on government affairs typically have an absolute privilege.

7. In effect, the purpose of SLAPP lawsuits is to silence critics.

8. One of the most basic and ironclad of all libel defenses is ______.

9. The “fair comment” defense to a libel suit is based on ______.

10. Channel 3 airs a story that it received from the Associated Press, a wire service. The story says Sally, the president of Acme Biscuit Company, was arrested for bank robbery. The story was false. Sally sues Channel 3 for libel. Sally will likely ______.

11. A witness testifying in a murder trial has ______.

12. The qualified privilege defense in a libel suit ______.

13. The libel defense of “neutral reportage” ______.

14. Which of the following factors do many courts consider in determining whether a defamatory story is protected by the opinion defense?

15. A newspaper reporting on a U.S. senator making a speech on the senate floor has ______.

16. The “opinion” defense to a libel suit is based on ______.

17. SLAPP stands for _______ .

18. Single-publication rule is a rule that limits libel victims to only one cause of action even with republicans.

19. Retraction statutes are meant to discourage the punishment of any good-faith effort of admitting a mistake.

20. Neutral reportage provides First Amendment protection for reporting of an accusation made by a _______ .

21. A plaintiff whose reputation is deemed to be so damaged that additional false statements of and concerning him or her cannot cause further harm is known as ______ .

22. Federal Rules of Civil Procedure are general rules that govern all civil proceedings in the ______ .

23. Fair report privilege is a privilege for _______ on the content of official records and proceedings. Sometimes called “conditional privilege.”

24. A privilege for accurate and fair reports on the content of official records and proceedings is known as ______ .

25. Which of the correct statements about Anti-SLAPP laws ?

26. Absolute privilege is a _______ from liability for defamation because the statement was made within the performance of official government duties.