1. Section 230 of the Communications Decency Act protects Internet service providers from libel claims, although the protection is not absolute.
Answer
Correct Answer:
False
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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.
Answer
Correct Answer:
True
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3. Private individual plaintiffs suing for intentional infliction of emotional distress do not have to prove actual malice on the defendant’s part.
Answer
Correct Answer:
True
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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.
Answer
Correct Answer:
True
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5. Many courts use a four-part test in assessing the constitutional libel defense of opinion.
Answer
Correct Answer:
True
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6. Journalists reporting on government affairs typically have an absolute privilege.
Answer
Correct Answer:
False
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7. In effect, the purpose of SLAPP lawsuits is to silence critics.
Answer
Correct Answer:
True
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8. One of the most basic and ironclad of all libel defenses is ______.
Answer
Correct Answer:
Truth
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9. The “fair comment” defense to a libel suit is based on ______.
Answer
Correct Answer:
The common law
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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 ______.
Answer
Correct Answer:
Lose her suit against Channel 3 because Channel 3 reasonably relied on Associated Press
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11. A witness testifying in a murder trial has ______.
Answer
Correct Answer:
An absolute privilege
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12. The qualified privilege defense in a libel suit ______.
Answer
Correct Answer:
Can be lost if the story is not fair and accurate
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13. The libel defense of “neutral reportage” ______.
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Correct Answer:
Is accepted by only a few courts
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14. Which of the following factors do many courts consider in determining whether a defamatory story is protected by the opinion defense?
Answer
Correct Answer:
The specific context in which the story was published
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15. A newspaper reporting on a U.S. senator making a speech on the senate floor has ______.
Answer
Correct Answer:
A fair report privilege
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16. The “opinion” defense to a libel suit is based on ______.
Answer
Correct Answer:
The First Amendment
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17. SLAPP stands for _______ .
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Correct Answer:
Strategic lawsuit against public participation
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18. Single-publication rule is a rule that limits libel victims to only one cause of action even with republicans.
Answer
Correct Answer:
True
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19. Retraction statutes are meant to discourage the punishment of any good-faith effort of admitting a mistake.
Answer
Correct Answer:
True
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20. Neutral reportage provides First Amendment protection for reporting of an accusation made by a _______ .
Answer
Correct Answer:
Both a & b
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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 ______ .
Answer
Correct Answer:
Libel-proof plaintiff
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22. Federal Rules of Civil Procedure are general rules that govern all civil proceedings in the ______ .
Answer
Correct Answer:
U.S. district courts
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23. Fair report privilege is a privilege for _______ on the content of official records and proceedings. Sometimes called “conditional privilege.”
Answer
Correct Answer:
Both a & b
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24. A privilege for accurate and fair reports on the content of official records and proceedings is known as ______ .
Answer
Correct Answer:
Both a & b
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25. Which of the correct statements about Anti-SLAPP laws ?
Answer
Correct Answer:
State laws meant to provide a remedy for a SLAPP. Plaintiffs have the burden to show that they will prevail in the lawsuit
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26. Absolute privilege is a _______ from liability for defamation because the statement was made within the performance of official government duties.
Answer
Correct Answer:
Complete exemption
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