Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
Chapter 6: Protecting Privacy
Test Bank
Multiple Choice
1. The way courts accept and apply the four privacy torts ______.
a. is consistent among all states
b. varies from state to state
c. shows that the four privacy torts are recognized in all states
d. varies from state to state and shows that the four privacy torts are recognized
in all states
e. none of these
2. A false light plaintiff must prove the story ______.
a. made him or her appear to be someone he or she is not
b. said negative things about the plaintiff
c. injured the plaintiff’s reputation
d. was seen by a third party
e. made him or her appear to be someone he or she is not, and was seen by a
third party
3. False light differs from libel because ______.
a. in false light, a plaintiff must show the statement was substantially true; in libel,
a plaintiff must show the statement was false
b. in false light, a plaintiff must show the statement would highly offend a
reasonable person; in libel, a plaintiff must show injury to reputation
c. false light involves only statements that make the plaintiff seem better than she
or he is; libel involves statements that make a plaintiff seem worse than she or he
is
d. there is no difference between false light and libel
4. If courts in a state rule that the right of publicity is a property right, that means
______.
a. the right of publicity does not survive a person’s death
b. the right of survival protects famous people only
c. the right of publicity survives a person’s death
d. personal rights survive a person’s death
5. In an advertisement, Creamy Ice Cream shows a woman eating one of the
company’s ice cream bars. The woman looks just like Sandra Johnson, a pop
singer—but it was not Johnson. Johnson, who didn’t give permission to the ice
cream company, sues Creamy. Johnson will ______.
a. win because she did not give the company permission to use someone who
looks like her in an advertisement
b. win because celebrities never can be used in advertisements
c. lose because companies have the right to use famous people in
advertisements without permission
d. lose because the woman in the advertisement was not Sandra Johnson
6. A radio commercial uses the voice of a singer sounding remarkably like Lilly
Jones singing part of her hit record, “Fainting.” The singer is not Jones. To avoid
an appropriation lawsuit for a “sound–alike” problem in the advertisement ______.
a. the ad cannot use Jones’s name
b. the singer’s voice must be disguised
c. the ad must include a disclaimer saying, for example, the singer is not Jones
d. there is no problem; sound-alikes can be used in radio ads under all
circumstances
7. The magazine Macintosh Computing runs an advertisement for itself in
another magazine, PC Quarterly. The ad includes a picture of John Fence, head
of Macrosell. John Fence ______.
a. likely will win an appropriation suit under any circumstances because his
picture was used without his permission
b. likely will win an appropriation suit if he did not give permission for the picture
to be used, even if the picture had been used in a Macintosh Computing article
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
c. likely will not win an appropriation suit if the picture had been used in a
Macintosh Computing article
d. likely will not win an appropriation suit even if the ad shows John Fence saying
“Subscribe to Macintosh Computing”
8. When a judge talks about a transformative use in a right–to-publicity case, the
judge is referring to ______.
a. using the plaintiff’s likeness in a product the defendant can sell
b. transforming a right to privacy claim into a claim for the right to publicity
c. a use that takes a person who is a celebrity in one field and transforms that
celebrity to another field, such as making a musician into a TV actor
d. a use that is not a literal reproduction of the plaintiff’s likeness, but a use in
which the defendant has added a creative element to the likeness, such as
making it a parody of the likeness
9. Which of the following could lead to a successful intrusion lawsuit?
a. walking across someone’s lawn to a window and taking a picture through a
small opening in the drapes
b. hacking into someone’s computer
c. standing on a public sidewalk and taking a picture through someone’s open
front door
d. walking across someone’s lawn to a window and taking a picture through a
small opening in the drapes and hacking into someone’s computer
d. all of these
10. A reporter meets a fire truck at a huge blaze engulfing a large house. The
reporter asks the firefighters if she can follow them into the garage attached to
the house, which is the one part of the building not yet covered in flames. The
firefighters say “yes,” and the reporter follows the fire fighters into the garage.
The homeowner likely will be ______.
a. able to successfully sue the reporter for intrusion, but only if the reporter
refused to leave when the homeowner told her to leave
b. able to successfully sue the reporter for intrusion if the homeowner did not give
the reporter permission to be in the house
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
c. not able to successfully sue the reporter for intrusion if the firefighters truly
believed they had the right to give the reporter permission to follow them into the
house
d. not able to successfully sue the reporter for invasion of privacy if the
firefighters had a good reason to tell the reporter she could enter the house
11. A reporter falsely tells a homeowner she is from the county assessor’s office,
a government agency. The homeowner admits the reporter into the house. Later
discovering the reporter’s true identity, the homeowner sues for intrusion. The
homeowner likely will ______.
a. win the intrusion suit; nothing further will happen to the reporter
b. win the intrusion suit; the reporter may face criminal charges
c. lose the intrusion suit; the reporter may face criminal charges
d. lose the intrusion suit; nothing further will happen to the reporter
12. The best defense against an intrusion lawsuit is ______.
a. the defendant had the plaintiff’s consent
b. the story is newsworthy
c. conditional privilege
d. the First Amendment
13. Sally, a reporter for the Daily Sun, is at a detective’s desk in the police
station. There is an official folder open on the desk. 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 private facts. Sally and the Daily Sun will ______.
a. win because minors cannot bring lawsuits
b. win because Sally lawfully obtained, and the Daily Sun published, truthful
information from a public record
c. lose because Sally did not have the police detective’s permission to look at the
document in the folder
d. lose because it is against the law to reveal the names of minors arrested for
committing a felony
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
14. Jane Johnson was a famous rock star but retired 20 years ago and withdrew
from the public eye. While she was a musician, she stole a very valuable
diamond ring from another musician. She quickly returned the diamond, was not
arrested for theft, and only her brother knew about the incident. Last week, Spy
Magazine published an article revealing the theft. Johnson sued Spy Magazine
for private facts.
a. Johnson will lose because she did not keep the theft private.
b. Johnson will lose because passage of time does not change the story’s
newsworthiness.
c. Johnson will win because she is not newsworthy 20 years after she retired as
a musician.
d. Johnson will win because a story about a musician stealing a diamond is not
newsworthy.
15. A professor is crossing the university lawn on his way to the library. She is
walking with a man who is not her husband. A newspaper photographer,
standing on the sidewalk in front of the library, takes a picture of the couple and
the picture appears in the next day’s paper. The cutline says, “Professor Janine
Jones and Sam Smith enjoy the spring air.” The professor would have a good
case for ______.
a. appropriation
b. intrusion
c. private facts
d. false light
e. none of these
16. Which federal government agency protects consumer privacy and enforces
federal privacy laws?
a. Congress
b. Federal Communication Commission
c. Federal Trade Commission
d. Federal Bureau of Investigation
17. Which Amendments are considered to protect different aspects of personal
privacy?
a. Third and Fourth
b. Third, Fourth, and Fifth
c. Third, Fourth, Fifth, and Fourteenth
d. Fourth, Fifth, and Fourteenth
18. Which recent Supreme Court case held that a police officer cannot search a
suspect’s smartphone without a warrant?
a. City of Ontario v. Quon
b. Riley v. California
c. Florida v. Jardines
d. United States v. Jones
19. Most of the recent Supreme Court cases involving privacy are directly tied to
which Constitutional amendment?
a. Fourth
b. Third
c. First
d. all of these
20. Which of the following is a true statement about the reasonable expectation
of privacy test from the Katz decision?
a. It applies when a person exhibits an actual expectation of privacy.
b. It applies when society is prepared to recognize a person’s actual expectation
of privacy as reasonable.
c. It applies when the Fourth Amendment is invoked.
d. all of these
21. The first time a law journal published an article that explained the legal theory
about why U.S. courts should recognize a right to privacy was in ______.
a. 1920
b. 1890
c. 1970
d. 2000
22. Which privacy tort is most similar to libel?
a. false light
b. intrusion
c. private facts
d. appropriation
39. Which Supreme Court case holds that the plaintiff did not have standing to
sue for damages because he could not show that he suffered “concrete” harm as
a result of misuse of his personal data?
a. Spokeo, Inc. v. Robins
b. City of Ontario v. Quon
c. Florida v. Jardines
d. Riley v. California
40. What is a data broker?
a. an entity that collects and stores billions of pieces of personal data that cover
nearly every U.S. consumer and sells that information to other organizations
b. a consumer device or sensor—other than computers, smartphones, and
tablets—that connects, stores, or transmits information via the internet
c. a tracking device on users’ computers, installed by popular websites, for data-
gathering and analysis.
d. technology that tracks what websites people visit
1. Privacy first was brought to the attention of judges and lawyers through an
1890 law review article by Warren and Brandeis.
2. The U.S. Supreme Court has ruled in only two false light cases. In both those
rulings the Court held that all false light plaintiffs must prove actual malice to win
their cases.
3. Courts in all states allow plaintiffs to bring false light lawsuits against the mass
media.
4. A newspaper photographer who is on a public sidewalk never can commit
intrusion.
5. In private facts lawsuits, judges use a “bright–line” rule to determine if the story
is newsworthy.
6. Successful appropriation suits may be based on advertisements, posters, and
news stories.
7. A successful appropriation lawsuit could be brought for using a photograph of
a public official, such as a state governor, in an advertisement without
permission.
8. A person with a television camera sneaks across the mayor’s lawn, peeks
through barely open curtains, and takes a picture of the mayor in a darkened
living room. The photographer decides he has done a terrible thing and exposes
the film, so the picture never is printed. The mayor likely will lose an intrusion suit
because the photographer remedied the situation by exposing the film.
9. In general, intrusion can take place if there is a reasonable expectation of
privacy.
10. To win a private facts lawsuit, the standard a plaintiff must show is the
publication injured the plaintiff’s reputation.
11. To win a private facts lawsuit, the standard a plaintiff must show is the
plaintiff revealed the information to no more than a few close friends and/or
family members.
12. In United States v. Jones, the U.S. Supreme Court held that physically
mounting a GPS transmitter on a car amounts to a search and violates the
Fourth Amendment.
13. Despite a federal law protecting the privacy of health care information
possessed by health care providers and health plans, the law does not cover
health information in school records, employment, files, or financial records.
Courts allow an employer to inspect employees’ e–mail, including personal
messages, and to listen to their telephone conversations.
14. In the only two false light cases the U.S. Supreme Court has decided, it said
all plaintiffs must prove actual malice. Some lower courts also require all false
light plaintiffs to prove actual malice. Others require only public officials and
public figures to prove actual malice.
15. A right of publicity cannot survive a person’s death.
16. Generally speaking, courts are applying the transformative use test to affirm
First Amendment rights in lawsuits that involve movies, video games, and
television.
Essay
1. What is the First Amendment defense against a private facts lawsuit?
2. Phyllis Photo is a photographer for Snoop magazine. One day she is walking
through a large sporting goods store, looking for camping equipment. Phyllis
sees a door marked “Private—Employees Only.” Phyllis glances around to be
sure no one is watching, opens the door marked “Private,” and quickly takes a
picture of a person sitting at a desk. The person is reading a copy of Snoop.
Phyllis then quickly leaves the store. Snoop prints the picture in its next issue in
an ad for the magazine itself. Under the picture in the ad are the words,
“Everyone, everywhere, anytime reads Snoop. Subscribe today!” The person in
the picture, Ms. Smith, wants to sue for intrusion. Discuss the important elements
of intrusion that Ms. Smith would have to prove and discuss any appropriate
defenses. Explain why you think Ms. Smith or Snoop would win.
3. Joe Brown was rock climbing last month. He slipped and fell but caught his
rope and managed to hold on for 10 minutes, swinging free, until other climbers
were able to pull him to safety. A weekly paper, The Moon, ran an article
including quotations and thoughts attributed to Brown about the incident. Twenty
of the article’s 30 paragraphs included quotations and thoughts attributed to
Brown, indicating Brown was scared but brave. However, The Moon had not
interviewed Brown. The reporter included material attributed to Brown to make
the story more dramatic. Brown sued The Moon for (a) appropriation and (b)
false light. Is Brown likely to win? Why or why not?
4. Appropriation includes two different torts: commercialization and the right of
publicity. Explain these two torts and their differences.
5. Explain the artistic relevance test and how it is applied when First Amendment
protection competes against a right of publicity.
6. Explain the transformative use test and how it is applied when First
Amendment protection competes against a right of publicity.
Instructor Resource
Trager, The Law of Journalism and Mass Communication 6e
CQ Press, 2018
7. Courts have used the transformative use test, the artistic relevance test, and
the predominant use test to resolve right of publicity cases in which the First
Amendment comes into play. Define the predominant use test.
8. What is the Video Protection Act and how might the decision in the Spokeo
case apply to the Video Privacy Protection Act (VPPA)?
