MEJO 341 (quizzes and exams) Questions with
Verified Answers
Which of the following best describes the purpose and effect of Section 230 of the
Communication Decency Act (47 U.S.C. § 230)? - ✔✔Protects internet service providers from
liability in defamation cases if they are only serving as distributors (hosts or republishers) of
information.
Homeowner hires a contractor to build an extension to homeowner's house. After the job is
complete homeowner gets angry that he did not get a discount. Homeowner threatens
contractor to spread untrue statements about how contractor stole from homeowner during
the job if he does not get a discount. Contractor thinks about it and then she responds, "The
price is the price and I will not be giving you a discount." Homeowner pays the bill and then tells
people that contractor is dishonest and a thief. Which answer best reflect whether Contractor
can recover in a suit against the homeowner for slander? - ✔✔Contractor may recover even
if she does not prove special or pecuniary damages.
Store Owner tells a friend, "I think Shopper X has stolen items from me at least a dozen times."
It turns out that Shopper X only stole from the store 11 times. If Shopper X sues the Store
Owner in defamation what is the Store Owner's best defense? - ✔✔Store Owner's statement
was substantially true.
A photographer for the New York Times takes a picture of Derek and Bernie as they are walking
down 42nd street. The picture appears in the next edition of the newspaper with a caption that
reads "How Young New Yorkers Relax after a Long Day in the City". In the background of the
picture, but visible to anyone looking at the picture, are several adult bookstores and peep
shows. In fact, Derek and Bernie have just emerged after spending the afternoon in the "Home
Run" adult theater. In an action against the New York Times for invasion of privacy, what is the
most likely outcome for Bernie and Derek's lawsuit? - ✔✔Lose, because they were coming
out of the theater at the time the picture was taken.
Richard is a devout Buddhist and has a reputation for being a strict vegan (i.e., he does not eat
meat or other animal products). One afternoon, Richard sits down to eat a veggie burger for
lunch at a local café. As he bites into his sandwich, a photographer snaps Richard's picture and
runs off. A few weeks later, an image of Richard biting into a sandwich appears on boxes of Billy
,Bob's All-Beef Burgers. In an action against Billy Bob, what is the most likely outcome for
Richard? - ✔✔Recover for both an invasion of privacy and defamation.
Judy is the popular Mayor of New York City. Donna, a freelance author, writes an unauthorized
biographical book about Judy. In the book, Donna claims Judy has embezzled hundreds of
thousands of dollars of public funds and placed the money in private overseas accounts. If Judy
sues Donna for defamation, which answer best reflects the most likely outcome and why? -
✔✔Judy will win, if Judy can prove the accusations are false.
Married professional couple engages in consensual sadomasochistic sex in the privacy of their
bedroom. They have told no one about this aspect of their private lives. Web Hacker hacks into
couple's personal computer system and is able to surreptitiously record the couple engaging in
sadomasochistic sexual acts. Hacker then posts images and video clips of the couple on line
where millions of people view them. Hacker identifies the couple by name even though their
faces are clearly identifiable from the images and clips. For what causes of action is Hacker
liable? - ✔✔Public disclosure of private facts but not for defamation.
Which of the following best described a "libel-proof plaintiff"? - ✔✔Someone whose
reputation cannot be lowered beyond its current level.
David has just published a book in which he details life as an employee of a popular New York
company. In the book, David claims that some of his co-workers, Bernie and Roger in particular,
are drug users who have come to work high on several occasions. Opie and Anthony, two New
York radio personalities, read certain passages of the book on their popular morning radio talk
show. The passages they read are particularly embarrassing to Roger and Bernie. If Roger and
Bernie sue Opie and Anthony for defamation, what is the most likely outcome of the lawsuit? -
✔✔Win, because Opie and Anthony republished the defamatory statements
Joan is intent on getting the City of Westview to build more bike lanes on public roadways. She
has written many letters to the local paper, served as a guest on local radio talk shows,
appeared numerous times before the city council, and she 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? - ✔✔Actual
, malice, because Joan is a limited-purpose public figure as she voluntarily thrust herself into a
public controversy.
Sally, a reporter for the Daily Sun newspaper, is at a detective's desk in the local police station.
There is an official folder open on the desk, in Sally's plain sight. Without touching the folder,
Sally is able to see a document containing the name of a minor who had been arrested for
burning down his parents' garage. Sally writes a story about the arrest, including the minor's
name. The minor's parents sue Sally and the Daily Sun for public disclosure of private facts.
What is the likely outcome for Sally and the Daily Sun? - ✔✔Win, because Sally lawfully
obtained, and the Daily Sun published, truthful information from a public record.
Nguyen, a reporter for the New York Times, recently wrote an unflattering article about the CIA.
In the article, Nguyen quoted an unnamed federal official who had revealed classified
information to Nguyen. A grand jury has subpoenaed Nguyen and asked him to identify his
source. Nguyen has refused to answer the grand jury's questions, arguing that he promised the
federal official confidentiality and that the First Amendment "freedom of the press" grants him
a privilege against disclosing this information. Which of the following statements is best reflects
the current state of the law? - ✔✔Because the press has a long history of gaining
confidential information from anonymous sources and because history has shown that these
sources are essential for the press to uncover the truth about matters of public concern, the
Supreme Court has held that reporters like Nguyen have a constitutional right to refuse to
answer questions about the identity of their sources.
Which of the following statements best describes the U.S. Constitution? - ✔✔It is the
supreme law of the United States and is difficult to amend.
The U.S. Supreme Court case, Marbury v. Madison, established what power? - ✔✔The power
of courts to interpret laws.
Which of the following best reflects the meaning of the term "stare decisis"? - ✔✔Let the
decision stand.
The First Amendment prohibits abridgements of the freedom of speech and the press by
______. - ✔✔All levels and branches of government.