Media Law Exam 2

Front 1

To be deemed libelous, the material must be

Back 1

False and Defamatory

Front 2

Which statement is MOST accurate?
A. All false statements are libelous
B. All false and defamatory statements are libelous
C. The First Amendment never protects false and defamatory statements
d. True defamatory statements cannot be libelous

Back 2

D. True defamatory statements cannot be libelous

Front 3

2. Which statement about libel law is MOST accurate?
A. all false statements are libelous
B. All false statements are defamatory
C. Defamatory statements are protected if they are true
D. The First Amendment cannot protect false and defamatory statements

Back 3

Defamatory statements are protected if they are true.

Front 4

Reporters assume liability when they repeat the libelous statements of others. This is known as the ___ rule

Back 4

Republication

Front 5

Which statement about proving the publication of libelous material is MOST accurate?
a. Publication occurs when the material is disseminated to someone other than the person being defamed
B. Publication occurs only if the information is disseminated to the public at large
C. The plantiff must prove actual communication to so many people that the information is substantially certain to become one of public knowledge
D. Communication inside a corporation between its employees and officers is considered publication because the employees are third parties in relation to the corporation

Back 5

A. Publication occurs when the material is disseminated to someone other than the person being defamed.

Front 6

In Oklahoma, the statue of limitations for filing a libel lawsuit...
A. Cannot be extended even if the publication was concealed or published in a secretive manner that would make the material unlikely to come to the attention of the plantiff
B. Cannot be extended beyond one year under any circumstances
C. would likely be extended if the plaintiff had no know the libelous material was contained in a published book
D. Should not be extended because of apparent hardship, inconvience or ignorance of the law by the plaintiff

Back 6

D. Should not be extended because of apparent hardship, inconvenience or ignorance of the law by the plaintiff

Front 7

Which statement about libel law in Oklahoma is MOST accurate?
A. Government may be sued for libel
B. A dead person's relatives may sue to protect the reputation of the deceased
c. Corporations may not sue for libel because they do not have a reputations
D. The University of Tulsa is barred for suing for libel.

Back 7

A. Government may be sued for libel

Front 8

4. In Oklahoma, the statute of limitations for filing a libel lawsuit...
a. Is two years under most circumstances
b. would likely be extended if the plaintiff had not known the libelous material was contained in a published book
c. may be extended because of apparent hardship, inconvenience, or ignorance of the law by the plaintiff
d. Can be extended if the publication was concealed or published in a secretive manner that would make the material unlikely to come to the the attention of the plaintiff

Back 8

D. can be extended if the publication was concealed or published in a secretive manner that would make the material unlikely to come to the attention of the plaintiff

Front 9

Who can sue for libel?

Back 9

Any living person, corporation, business, organization or society

Front 10

Can government sue?

Back 10

NO! But government can be sued.

Front 11

Plaintiff must prove 6 elements to win a libel suit:

Back 11

1. Publication
2. Identification
3. Defamatory content
4. Falsity
5. damages
6. fault

Front 12

What ways can identification occur?

Back 12

1. Named or a similar name that suggest the plaintiff's actual name
2. Individual must be described
3. Can put 2 or more stories together to establish identification
4. the defamatory words refer to him or her

Front 13

What is defamatory per se defined as?

Back 13

Susceptible of but a single meaning that bring about disgrace

Front 14

What is defamatory per quod defined as?

Back 14

Reasonably susceptible of both a defamatory and an innocent meaning.

Front 15

To prove per quod defamation, the plaintiff must explain what?

Back 15

Must explain the special damages ( monetary or economic, loss)

Front 16

What did New York Times v. Sullivan do?

Back 16

All public officials would have to prove actual malice.

Front 17

3 rationals in New York Times v. Sullivan

Back 17

1. This case was seditious libel
2. debate on public issues should be uninhibited, robust and wide-open
3. work will be closely scrutinized and even criticized by the people they serve

Front 18

The plaintiff in a per quod defamation case...
a. has to prove punitive damages
b. can enlarge upon the meaning of the words
c. is required to explain the special circumstances or facts that make the words defamatory
d. can attribute to the words meaning that they would not otherwise bear

Back 18

c. Is required to explain the special circumstances or facts that make the words defamatory

Front 19

In New York Times V. Sullivan, the U.S Supreme Court...
a. Made it more difficult for public officials to win
b. Said the first Amendment does not protect the publication of libelous statements regarding public officials
c. Held that libel lawsuits should be decided using state statutory law without first amendment consideration
d. Barred public official plaintiffs from collecting damages for loss of reputation unless they could show the defendants acted with negligence

Back 19

a. Made it more difficult for public officials to win

Front 20

-Volunteer Wrestling Couch
-School Board Member
-Police

Back 20

Public Official

Front 21

Definition according to Gertz v. Welch of an all-purpose Public Figure

Back 21

Those who occupy positions of persuasive power and influence

Front 22

What two criteria do courts seem to focus on to determine all-purpose public figures?

Back 22

1. Power
2. Fame

Front 23

Definition according to Gertz v. Welch of a Limited- Purpose Public Figure

Back 23

Those who thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issue involved

Front 24

-Author of a letter-to-the-editor
-Candidates for public office

Back 24

Limited Purpose public official

Front 25

For the purpose of a libel lawsuit, Oklahoma's definition of public official..
a. Excludes police and other law enforcement officials
b. requires the plaintiff to have thrust herself into the issue of public concern
c. includes every elected official
d. includes every governmental employee

Back 25

c. includes every elected official

Front 26

Actual malice is BEST defined as...
a. Knowledge of falsity and reckless disregard for the truth.
b. Knowledge of falsity or reckless disregard for the truth
c. ill will toward the plaintiff
d. failure to follow reasonable or ordinary care

Back 26

Knowledge of falsity or disregard for the truth

Front 27

Which plaintiff is NOT required to prove falsity?
a. Private figures involved in a matter of public concern
b. Private figures involved in a matter of private concern
c. elected officials
d. All private figures

Back 27

B. private figures involved in a matter of private concern

Front 28

Actual damages awarded in a libel lawsuit...
a. Punish the defendant rather than compensate the plaintiff
b. Compensate the plaintiff for actual monetary loss
c. Compensate the defendant for humiliation and harm to reputation
d. Must be supported by a fault level of negligence when the plaintiff is a public official.

Back 28

C. compensate the plaintiff for humiliation and harm to reputation

Front 29

Special damages awarded in a libel suit...
a. Compensate the plaintiff for actual monetary loss
b. Punish the defendant rather than compensate the plaintiff
c. Compensate the plaintiff for humiliation and mental anguish
d. Compensate the plaintiff for harm to reputation

Back 29

a. Compensate the plaintiff for actual monetary loss

Front 30

Which would NOT typically indicate a business is a public figure?
a. Normal advertising used to promote the business
b. Government regulates the business
c. Frequent and intense media scrutiny of the business
d. The libelous comment about the business focused on a matter of public concern

Back 30

a Normal advertising used to promote the business

Front 31

Which statement about negligence as a fault level is LEAST accurate?
a. In oklahoma, a reporter likely would not be found negligent if she followed the customary and commonly followed procedures that prudent reports usually follow under similar circumstances
b. in a libel lawsuit, negligence means the reporter either knew the published information was false or recklessly disregarded the truth
c. To determine negligence, courts essentially ask whether the reporter made a good faith effort to determine the truth
d. When it comes to determining negligence, courts expect general competency by the journalist, not extraordinary efforts

Back 31

B. In a libel lawsuit, negligence means the reporter either knew the published information was false or recklessly disregarded the truth.

Front 32

To be labeled as a limited-purpose public figure, the libel plaintiff must have...
a.ventured into the public spotlight to influence the outcome of an issue or public concern.
b. widespread fame or notoriety, or persuasive power and influence, or occupy a position of continuing new value.
c. voluntarily thrust to the forefront of a particular public controversy to influence its resolution
d. substantial responsibility over the conduct of government affairs.

Back 32

C. Voluntarily thrust to the forefront of a particular public controversy to influence its resolution

Front 33

In oklahoma, if a print article was published in good faith and due to an honest mistake of the facts, the plaintiff may recover for only what kind of damages if a retraction was printed?
a. Punitive
b. Actual
c. Special
d. Assumed

Back 33

b. Actual

Front 34

What are punitive damages intended to do?

Back 34

To punish the defendant for misconduct and to warn other persons not to act in a similar manner

Front 35

Under the truth defense against a civil libel claim..
a. A qualifying phrase such as "it is rumored" will provide automatic protection
b. The defendant's story is required to be accurate and complete in every detail
c. The determination of truth depends on the overrall impression, or gist of a statement
d. Accurately quoting a third party will shield the reporter

Back 35

C. The determination of truth depends on the impression or gist of a statement

Front 36

IN oklahoma, what is an absolute defense again a false light claim?
A. Newsworthiness
B. Truth
C. Qualified Privilege
D. Neutral Reportage

Back 36

B. Truth

Front 37

Under false light in Oklahoma, publication occurs...
a. Only if the information is dissemination to the public at large or to so many people that is substantially certain to become one of the public knowledge
b. When the material is disseminated to someone other than the subject of the statement
c. Only if the material is disseminated via newspapers
d. Even if the material is disseminated only to the subject of the statement

Back 37

A. only if the information is disseminated to the public at large or to so many people that is substantially certain to become one of the public knowledge

Front 38

What is the statue of limitation for filing a false light claim in Oklahoma?
a. Six Months
b. One year
c. Two year
d. Three years

Back 38

c. Two years

Front 39

Which fault level must a plaintiff prove to win a false light claim in Oklahoma?
a. Negligence
b. Failure to exercise the reasonably, ordinary care expected of a journalist
c. Per Quod
d. Actual Malice

Back 39

d. Actual Malice

Front 40

Under intentional infliction of emotional distress in Oklahoma
a. Private figures frequently win lawsuits against the media because state law attempts to protect residents from "every intrustion into the psychic tranquility of an individual."
b. Courts consider mere insults, indignities, threats, annoyances and petty oppressions to be extreme and outrageous conduct
c. Every abusive outburst or offensive verbal encounter is considered a wrongful act
d. The statue of limitations is 2 years.

Back 40

The statute of limitations is 2 years

Front 41

Which statement about false light in Oklahoma is least accurate?
a. Truth is an absolute defense
b. The statute of limitations is two years
c. All false statements are considered highly offensive
d. All plaintiffs must prove actual malice to win

Back 41

c. All false statements are considered highly offensive

Front 42

Under Oklahoma's tort for intentional infliction of emotional distress, the definition of extreme and outrageous conduct..
a. Requires that such conduct be so offesnive as to go beyond all possible bound of decency and be considered atrocious and utterly intolerable in a civilized society
b. would likely encompass investigative reporting into corruption by a public official
c. Recognized that the primary purpose of the law is to provide psychic tranquility for each individual
d. casts a wide net to include most acts that are objectionable, offensive or in poor taste

Back 42

a. Requires that such conduct be so offensive as to go beyond all possible bounds of decency and be considered atrocious and utterly intolerable in a civilized society

Front 43

Which statement about infliction of emotional distress in Oklahoma is MOST accurate?
a. Private plaintiffs frequently win such claims against the news media
b. Corporations are permitted to sue for infliction of emotional distress
c. Courts award damages for mere insults, indiginities, threats and annoyances
d. To prove severe emotional distress, the plaintiff must demonstrate the emotional distress interfered with the ability to go about daily life.

Back 43

D. To prove severe emotional distress, the plaintiff must demonstrate the emotional distress interfered with the ability to go about daily life.

Front 44

3 criteria from Walker vs. AP and Curtis V. Butts

Back 44

1. Credibility of the source
2. Nature of the Story
3. Inherent probability and believability of the accusations

Front 45

Definition of emotional distress

Back 45

Plaintiff must demonstrate the emotional distressed interfered with the ability to go about daily life