Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Chapter 4: Libel and Emotional Distress
Test Bank
Multiple Choice
1. The notion that the mere threat of any kind of lawsuit decreases the aggressiveness
of the news media and their willingness to pursue and publish/broadcast hard-hitting
stories is most commonly referred to as ______.
a. actual malice
b. chilling effect
c. common law malice
d. rhetorical hyperbole
2. Which phrase is most closely synonymous with “celebrity?”
a. public official
b. all-purpose public figure
c. limited-purpose public figure
d. plaintiff
3. Which term is defined as an attempt by a libel defendant to enhance its defense by
claiming that the statement over which it is being sued made the defendant a public
figure?
a. libel proof plaintiff
b. tort statute
c. bootstrapping
d. rhetorical hyperbole
4. Joan is intent on getting the City of Westview to build more bike lanes. She has
written many letters to the local paper, been a guest on local radio talk shows, appeared
numerous times before the city council, and 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
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
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?
a. actual malice, because the majority of states require plaintiffs suing the press for libel
to prove actual malice
b. negligence, because Joan is a private individual
c. negligence, because the libelous statement does not directly relate to the public
controversy
d. actual malice, because Joan is a limited-purpose public figure as she voluntarily
thrust herself into a public controversy
5. A student at Glorious State University (GSU), with 500 faculty, sends an e-mail
message to all members of her media law class saying, “Many GSU faculty—in all
departments—sell heroin to the students.” A GSU English professor likely ______.
a. could not successfully sue for libel because the professor could not prove
identification
b. could not successfully sue for libel because the statement contains nothing a jury
could find defamatory
c. could successfully sue for libel
d. could not successfully sue for libel because the statement contains nothing a jury
could find defamatory, and could successfully sue for libel
6. A newspaper story says that most of the 250 members of the Associated Waterworks
Union are corrupt. Sam Jones, one of the union members, ______.
a. may sue for libel on grounds that he was defamed
b. may not sue for libel because he cannot prove fault
c. may not sue for libel because he cannot prove identification
d. could sue for libel if there were only 200 members of the union
7. George and his wife, Louise, watch a nightly newscast on Channel 8. The newscast
incorrectly reports that George is accused of stealing money from the business of which
he is chief financial officer. Louise is concerned the report reflects badly on her. She
calls her lawyer and tells her to sue Channel 8 for libel. Louise’s lawyer says: ______.
a. Louise stands a good chance of winning her case.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
b. Louise cannot win her case.
c. Louise and George would have to bring the suit together in order for Louise to win her
case.
d. George would have to sue on the basis of how the report affected Louise.
8. The Daily Press prints a story quoting a public university administrator—the dean of
sciences—saying that nearly all students in the university’s School of Journalism and
Mass Communication (SJMC) are binge drinkers and come to class drunk. There are
400 SJMC students. Mary Smith, a senior in SJMC, knows that is not true about her and
she wants to sue for libel. Smith could ______.
a. successfully sue for libel
b. not successfully sue for libel because the Daily Press has an absolute privilege to
quote the university administrator
c. not successfully sue for libel because the statement contains nothing a jury could find
defamatory
d. not successfully sue for libel because she could not prove identification
9. In determining if a libel defendant acted with actual malice, courts will consider which
of the following?
a. Was publication urgent, that is, was it a “hot” story?
b. How credible were the sources used for the story?
c. Was the plaintiff (i.e., the subject of the story) interviewed?
d. all of these
e. none of these
10. Which element of the libel plaintiff’s case is most directly associated with damaged
reputation?
a. identification
b. defamation
c. falsity
d. fault
11. Jerome tells Chris, a reporter for the Gazette, that Ron robbed a local bank. The
Gazette prints the story. Ron claims the story is not true and sues for libel. Ron ______.
a. can successfully sue the Gazette because it republished a libel
b. cannot successfully sue the Gazette because it only republished a libel
c. cannot successfully sue the Gazette because it accurately printed what Jerome told
Chris
d. can successfully sue Chris, but not the Gazette, because Chris wrote the story
12. Words within direct quotation marks ______.
a. never can be grounds for a libel suit
b. can be the basis of a successful libel suit if they substantially change the meaning of
what the plaintiff actually said
c. always can be grounds for a libel suit if they are not exactly the words spoken by the
plaintiff
d. cannot be the basis for a libel suit because the speaker gave consent
13. Elements that could help show actual malice include ______.
a. failure to check facts
b. quickly publishing a story when the news is not “hot”
c. fabricating interviews
d. all of these
e. none of these
14. How long from the initial date of publication of an alleged libel does a potential
plaintiff have to file a libel suit?
a. 1 year
b. 2 years
c. 3 years
d. it depends on the state
15. The purpose of retraction statutes is to ______.
a. mitigate the damages a libel defendant may be required to pay
b. reduce any chilling effect on the issuance of retractions when mistakes are made by
the media
c. discourage the issuance of retractions by leveling additional damages against guilty
libel defendants that make retractions
d. mitigate the damages a libel defendant may be required to pay, and reduce any
chilling effect on the issuance of retractions when mistakes are made by the media
14. Emotional distress is defined as ______.
a. being insulted
b. being mildly upset
c. being frightened or extremely anxious
d. feeling nauseous
15. A century ago when plaintiffs first brought lawsuits claiming defendants caused
them emotional distress, courts ______.
a. generally allowed the plaintiffs to sue
b. rarely allowed plaintiffs to recover for emotional distress
c. allowed only public officials and public figures to recover for emotional distress
d. allowed only private individuals to recover for emotional distress
16. In a newspaper gossip column, Sally wrote that she did not like Sam’s hair, which
he had dyed purple. Sam felt insulted and sued Sally for intentional infliction of
emotional distress. Sam will ______.
a. win the lawsuit because Sally insulted him
b. win the lawsuit if he can prove actual malice
c. lose the lawsuit because insults are not outrageous
d. lose the lawsuit if Sally can prove actual malice
17. Colin, a Channel 3 reporter, rushed to an auto accident scene. He saw two young
children leaving an ice cream store. Without seeking anyone’s permission and with his
camcorder running, Colin asked the children what they knew about a truck that had hit a
parked red car killing the person sitting in the car. That was the children’s first
realization that their father was dead. Acting for the children, their mother sued Channel
3 for intentional infliction of emotional distress. It is likely a court will find that ______.
a. Channel 3’s reporter acted in an extreme and outrageous way
b. Channel 3’s reporter acted reasonably when he interviewed the children
c. Channel 3 will win the case if the videotape was not aired
d. Channel 3 will win the case if the children were more than 10 years old
18. Remarks aired on a radio or television station are likely to be found extreme and
outrageous if ______.
a. the remarks were made on a call-in program
b. the station carries The Howard Stern Show
c. the person saying the words knew the plaintiff was particularly susceptible to
emotional distress
d. the person saying the words had met the plaintiff before the broadcast
19. To win an intentional infliction of emotional distress suit, a plaintiff must show the
defendant ______.
a. wanted the plaintiff to suffer physical injury
b. knew his or her actions or speech would cause emotional distress
c. acted negligently
d. acted in a reckless way that could cause emotional distress
20. The U.S. Supreme Court has held that public officials and public figures bringing
suits for intentional infliction of emotional distress must prove ______.
a. negligence
b. truth
c. actual malice
d. embarrassment
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
21. A plaintiff suing a TV station for negligent infliction of emotional distress must prove
the station ______.
a. acted recklessly
b. had a duty to the plaintiff to use due care
c. acted with actual malice
d. had a limited concern for the plaintiff
23. What is trade libel?
a. criticism of products rather than people or businesses
b. criticism of other countries with whom the United States trades goods and services
c. criticism of people rather than products
d. anonymous criticism online
25. Which of the following is an element of the plaintiff’s case when the plaintiff is
claiming intentional infliction of emotional distress?
a. Defendant engaged in intentional or reckless conduct.
b. Defendant’s conduct was extreme and outrageous.
c. Defendant caused the plaintiff’s severe emotional distress.
d. all of these
26. Based on a recent decision in the Ninth Circuit, bloggers are entitled to the
protections provided in the Gertz case when ______.
a. the blog post involves a matter of public concern
b. only the blogger is a trained and credentialed journalist
c. the blog post involves a private person and a private matter
d. bloggers are never entitled to protection under Gertz
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Difficulty Level: Easy
True/False
1. The “Sullivan” in New York Times v. Sullivan was an Alabama state senator.
2. Punitive damages usually provide the most monetary award.
3. In the United States, anyone considering filing a libel claim has 1 year from the date
the material was published to file.
4. The requirement to prove fault in libel suits against the mass media applies to all
plaintiffs whether public or private.
5. A private person becomes a limited-purpose public figure when the person is charged
with a serious crime.
6. The U.S. Supreme Court has established a clear standard that applies to cases
involving anonymous speech and libel.
7. The U.S. Supreme Court has held that unstated implications may not be grounds for
a libel suit.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
8. Works of fiction can be the basis of successful libel claims.
9. Given the false implication that a series of accurate statements could create, a story
whose elements are accurate individually still could be considered libelous.
10. The notion that an individual’s reputation is something of value, possibly worth being
protected by the law, did not develop until the 20th century.
11. No plaintiff suing the media for intentional infliction of emotional distress has been
able to prove the media acted outrageously.
12. There are two categories of emotional distress lawsuits, that is, intentional infliction
of emotional distress and negligent infliction of emotional distress.
13. Courts allowed plaintiffs to sue for emotional distress beginning a century ago when
plaintiffs first brought such lawsuits.
14. Courts in some states allow plaintiffs to sue for emotional distress if the defendant
violates a plaintiff’s legal rights, such as defaming the plaintiff.
15. All plaintiffs bringing intentional infliction of emotional distress lawsuits must prove
actual malice, regardless of whether the plaintiff is a private individual, a public official,
or a public figure.
16. A plaintiff bringing an intentional infliction of emotional distress lawsuit must prove
the defendant’s action was outrageous.
17. The U.S. Supreme Court upheld a jury’s verdict in favor of Jerry Falwell against
Hustler Magazine for libel in the Campari parody case.
18. Plaintiffs rarely win negligent infliction of emotional distress lawsuits against the
media because the media rarely can know to whom in their audiences they would owe a
duty.
19. A person can commit defamation on social media (e.g., Twitter or Facebook).
20. A newspaper can act as a third party to assert the First Amendment right of an
anonymous commenter in an online libel case.
21. Libel per se is a statement whose injurious nature is apparent and requires no
further proof.
22. It is theoretically possible for one-time public figures to revert to private status with
the passage of time. However, the courts have been inconsistent in their application of
this concept.
23. Media defendants lose most intentional infliction of emotional distress cases
primarily because courts find the media acted in an outrageous manner.
24. Public officials and public figures who sue for intentional infliction of emotional
distress only have to prove negligence and not actual malice.
25. Whether a plaintiff is considered a public figure for purposes of a libel suit can
depend on the nature of the material being published—specifically whether it relates to
a matter of public concern.
1. Libel law balances the media’s First Amendment rights against individuals’ right to
protect what?
2. List all the elements of the plaintiff’s case in a libel lawsuit.
3. What kind(s) of plaintiff(s) must prove actual malice in libel cases?
4. Explain the importance and impact of New York Times v. Sullivan.
5. Sam Stint lives in Midville, a town in which there are six used car dealers. All six of
the dealers belong to a statewide organization of used car dealers called DORC
(Dealers of Recycled Cars), which has a total of 200 members throughout the state. In
looking for a late-model, low-mileage automobile costing no more than $750, Sam went
to each of the six local dealers. Each told Sam that what he was looking for was not
available, and each suggested instead that he look at late-model, low-mileage cars
costing from $5,000 to $10,000. Sam was outraged. Sam wrote a letter to the editor of
the town newspaper saying, in part, “The DORC members in Midville are thieves. They
are cheaters. They try to steal your money. They are totally dishonest. You shouldn’t
buy cars from them (Signed: Sam Stint).” The newspaper printed the letter. The six local
car dealers had their car sales drop by 50 percent or more during the two months after
the letter was printed. All six of the businesses sued for libel. Will the car dealers be
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
able to prove the first three elements of a libel suit—publication, identification, and
defamation? Remember to include definitions and how the elements are proven in
court.
6. A person who had tested positive for HIV, the virus that causes AIDS, was at a
hospital for further tests and discussion with a doctor. The patient did not have the
disease of AIDS, only the HIV virus in his body. When the patient entered the hospital
examination room, where normally only the patient and physician would be present, he
was asked if he would allow his photograph to be taken. At first, he refused. But the
photographer and physician assured him that he would not be recognized because the
photo would be taken from a back angle and in silhouette. No one said who the
photographer was, but the patient assumed she was with the hospital and that the photo
would be used for research purposes within the hospital. The patient agreed to allow the
picture to be taken. In fact, however, the photographer was from the local paper that
published the photo of the patient being examined by the doctor to illustrate a story that
discussed the hospital’s research on people who have the AIDS disease. The patient
could be identified in the photo by a number of his friends, and he was terribly upset by
his picture being used with the story. The patient wants to sue the newspaper for
negligent infliction of emotional distress. Would that suit be successful? Why or why
not?
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
7. Why did the Supreme Court rule in favor of the Westboro Baptist Church in the
Snyder v. Phelps case? Did it matter if the Marine’s father was a public figure?