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Student name:__________
TRUE/FALSE – Write ‘T’ if the statement is true and ‘F’ if the statement is false.
1) In a public disclosure of private facts lawsuit, courts will always consider how a story
was reported, as well as what information was reported.
⊚ true
⊚ false
2) American businesses enthusiastically adopted Internet privacy provisions identical to
those adopted in the European Data Privacy Directive.
⊚ true
⊚ false
3) Information obtained in court documents is not considered private.
⊚ true
⊚ false
4) False light is the least recognized of the four privacy torts.
⊚ true
⊚ false
5) If anyone knows information about you—even one person—that information is no longer
considered “private.”
⊚ true
⊚ false
6) Television shows that feature fictionalized versions of real individuals and events have
been the subjects of successful false light law suits.
⊚ true
⊚ false
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7) Using a photo with an unrelated story that causes a false impression about the person in
the photo can be the basis for a successful lawsuit.
⊚ true
⊚ false
8) Not all states recognize false light invasion of privacy.
⊚ true
⊚ false
9) In false light invasion of privacy suits, the plaintiff must prove the defendant acted with
actual malice.
⊚ true
⊚ false
10) If information is part of the public record (such as records of a court proceeding) the
information is not considered private, even if you’d rather not have people know about it.
⊚ true
⊚ false
MULTIPLE CHOICE – Choose the one alternative that best completes the statement or
answers the question.
11) To win a lawsuit for the publication of private facts, the plaintiff must show that
A) the facts were private.
B) the revelations would be highly offensive to a reasonable person.
C) the public would not have a legitimate interest in the facts.
D) all of the answers are correct.
12) Which of the following would provide the plaintiff with a strong chance of winning a
private facts lawsuit?
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A) publication of the school records of a student charged with shooting a classmate
during a gym class
B) publication of the contents of a conversation between a man and a woman sitting in a
booth in Denny’s restaurant that was overheard by a reporter
C) posting a video on the Internet of a man and a woman having sexual relations in a car
parked in a public parking lot
D) none of the answers is correct.
13) The publication of the name of the victim of a rape is regarded as
A) wrong both ethically and legally.
B) always permissible both ethically and legally.
C) permissible legally but highly questionable ethically.
D) permissible ethically but legally wrong.
14) If Debra Price sued a newspaper for invasion of privacy after it reported that in 1971 she
was arrested for planting a bomb under a police car during a protest demonstration, most courts
would rule
A) that the publication of such information today no longer has any public interest and
is an invasion of her privacy.
B) that publishing a story about her arrest was an invasion of privacy because the
newspaper did not report whether she had been convicted of the charge.
C) that it is permissible to relate stories about a person’s past public life.
D) that the statute of limitations for the lawsuit had expired.
15) To succeed in a cause of action for public disclosure of private facts, the private fact must
be communicated
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A) to one person other than the plaintiff and the defendant.
B) to a wide audience.
C) by the defendant for at least a 24-hour period.
D) by the defendant for at least five business days.
16) Which of the four invasions of privacy torts has received the least recognition by state
courts?
A) appropriation
B) public disclosure of private facts
C) false light
D) intrusion
17) The two areas of the law of privacy that currently seem most affected by the Internet are
A) appropriation and intrusion.
B) appropriation and public disclosure of private facts.
C) public disclosure of private facts and intrusion.
D) false light and private facts.
18) In a false light invasion of privacy suit, the publication must be highly offensive to
A) the plaintiff.
B) the judge.
C) a reasonable person.
D) the average member of the community.
19) In 2016, Terry Gene Bollea, better known as “Hulk Hogan” sued Gawker for $140
million dollars for publishing a sex tape featuring the former professional wrestler. Which of the
following is true about the case?
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A) The jury found that the publication of Hogan’s sex tape was no newsworthy.
B) The jury found that the publication of Hogan’s sex tape was not highly offensive.
C) The jury found that famous individuals like Hogan have lost the right to privacy.
D) The jury found that the sex tape would be highly offensive, but Gawker had a right to
publish it because people wanted to watch it.
SHORT ANSWER. Write the word or phrase that best completes each statement or
answers the question.
20) What must a plaintiff, who is suing for the publication of private facts, prove to the court
to win his or her suit?
21) Most persons think of the publication of private facts about a person when they think of
the right to privacy, yet this variety of the tort has been the least accepted by the courts. Why?
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Answer Key
Test name: chapter 8
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