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FSU ADV 3352 - Chapter 4

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CH 4.Which of the following professions mightbe party to a libel suit?Advertising copywriter, public relationsrepresentative, online journalistRegardless of the outcome, libel suitsfiled against the mass media:Take a lot of time and money just todefend.Even though it consists of many legalcomponents, libel may generally be describedas the publication or broadcast of:A statement that injures someone'sreputation in the community.Since its inception, a primaryrationale behind libel is to:Allow an injured party to repair anydamage that has been caused throughlibelous material.The defendants named in a SLAPPsuit often involve:Citizen groups who criticize acompany's operations or conduct.The five elements that a plaintiff mustsuccessfully demonstrate in a libel suitagainst the mass media are:Publication, identification,defamation, falsity, and fault.Recent trends indicate that when people orcompanies are aware they won't be able toprove the necessary elements for libel they:May bring forward claims that center onthe conduct of journalists (e.g. trespass,breach of contract).If a local station affiliate airs adefamatory story that runs during thenetwork evening news, the local station:May be sued for libel, but only if therewas scienter.An important element of defamationincludes demonstrating that thecommunication:Damaged a person's own perception of who they are,resulted in actual harm to a person's reputation,reached a significant majority of the populationIn order for publication to occur in a libelsuit against a newspaper a plaintiff mustshow that:One additional person, other than thewriter and person defamed, saw thematerialLibelous publication on the Internetmay occur in the form of:Email, web page, real-time chatAs a result of the Communications Decency Act of1996, online service providers (OSPs) like AmericaOnline who are the subject of libel suits based in theU.S.:Are not liable for publishing defamatorymaterial that originates from a thirdparty.In regards to a libel suit,identification:May be demonstrated even if the personis not identified directly by name.What is the difference between defamatorywords that are libelous on their face andwords that are innocent on their face?Words that are libelous on their face always carry adefamatory effect while words that are innocentrequire the knowledge of other facts to becomedefamatory.In Raye vs. Letterman (1987), the courtdetermined defamation did not take placebecause:No one could reasonably understandDave's remark to be true.When a trial court is determiningwhether or not a statement is defamatory,the:Judge must first rule upon whether the words are capable ofdefamatory meaning, Judge or jury must determine if the wordsconvey a defamatory meaning, Judge and jury usually consider theordinary meaning of the alleged defamatory wordsBased upon the ruling in Kaelin v. GlobeCommunications Corp (1998), courts may determinean article is defamatory based upon:Innuendo that appears in a story'sheadline.Employing the term alleged in a storywhen dealing with criminal accusations:Fails to provide a reporter with thenecessary protection from a libel claim.If not used accurately, which of thefollowing categories of words may resultin defamatory meaning:Sexual promiscuity, personal habitsand traits, ridiculeIf a story alleges an individual home wasconstructed poorly, the single mistakerule:Protects a reporter from libel unless thestory suggests a pattern of incompetence.In states that have adopted a survivalstatute:It may be possible to continue a libelsuit even if the plaintiff dies.Trade libel refers directly to:Criticism of a product.When an article defames a private personbut addresses issues of public concern:The plaintiff must demonstratefalsity.In terms of falsity that may take placewithin the context of direct quotes:A defendant may make minor wordmistakes, just as long as the gist of thequoted material is true.In Texas Beef Group vs. Winfrey (2000),the U.S. Court of Appeals for the FifthCircuit:Affirmed the dismissal of the libel claimbecause no knowingly false statementshad been stated about cattle.CH 5.In New York Times vs. Sullivan (1964),the U.S. Supreme Court ruled:Sullivan could not recover damagesagainst the New York Times because thepaper had not acted with actual malice.Which of the following was part of therationale behind the ruling in New YorkTimes v. Sullivan (1964)?Officers of the government should expecttheir performance to be scrutinized andcriticized by the public.New York Times v. Sullivan (1964)stemmed from the running of anadvertisement that was critical of:A police commissioner and his force'sbehavior on an Alabama college campus.Which of the following statements iscorrect regarding libel plaintiffs and thefault requirement?All citizens, whether public or privatefigures, must demonstrate fault.Negligence applies as the faultrequirement when libel plaintiffs are:Private personsActual malice applies as the faultrequirement to all:ALL OF THE ABOVE: Public officials, All-purpose public figures, Limited-purposepublic figureThe clearest way to determine whethersomeone is a public official is if theindividual:Was elected by the public to agovernment position.In Rosenblatt v. Baer (1966), the U.S.Supreme Court ruled that at the veryleast, "public officials" are those who:Have, or appear to the public to have, asubstantial responsibility for the conductof governmental affairs.Courts have determined that policeofficers are:Public officials because they protectthe safety of citizens.Even if the plaintiff is considered to be a publicofficial within his or her occupation, the actual malicefault requirement may only be applied if the libelouscommunication concerns:Both A and B are correct: A)The manner in which the plaintiff conducts him- or herself whilecarrying out their public official responsibilities.B)The plaintiff's general fitness to hold his or her public officialposition.Which of the following would likely beconsidered to be an all-purpose publicfigure?All of the above: A) A well-known corporate executive like Bill Gates.B)A well-known national entertainer like David Letterman.C)A well-known local community leader who is heavily involved incivic activities and libeled by the community newspaper.One of the factors that courts use to determine if alibel plaintiff is a limited-purpose public figure is toexamine whether:The plaintiff voluntarily becomes involvedin trying to influence an importantcontroversial issue.In Gertz


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