MASS MEDIA LAW 4030
MID-TERM TEST - FALL 2012
Please answer 8 out of the 10 following questions. Each question is
worth 25 points. You may use any resources that you need to answer the
questions. You CANNOT, however, work with anyone else on this test. Your
hard-copy written answers are due at the first of class on Monday, October
29, 2012. Make sure your answers have your full name written on them and
identifies the question that you are answering verbatim followed by your
answer.
1.
Set forth the four components or elements of the test articulated by the
United States Supreme Court in Brandenburg v. Ohio. Describe in detail how
these elements apply to the free speech provisions of the First Amendment.
2.
Set forth completely and accurately the rule created by the United States
Supreme Court for determining when public school administrators may
permissibly censor speech that appears in a school-sponsored newspaper. Provide
the case name, case citation, and summary of the case using the I-R-A-C method to
describe the rule.
3.
Libel law has existed for several centuries. Why is it a more serious problem
for the mass media in the 21st century? Provide me with your own opinion.
4.
The plaintiff carries the initial burden of proof in a libel action. What five
elements must the plaintiff prove to meet this burden? Please describe each
element in detail and provide citation to an existing libel case. You can use the
case you cited for extra credit, but this time identify ALL of the five elements in
describing the case.
5.
What are the criteria for a limited-purpose public figure? Identify a case that
deals with a limited-purpose public figure and provide the case name, case citation,
and summary of the case using the I-R-A-C method.
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6.
Distinguish between negligence and actual malice as it relates to libel.
Identify a case that deals with negligence or actual malice and provide the case
name, case citation, and summary of the case using the I-R-A-C method.
7.
How does the Ollman test differ from the Milkovich test as a means of
distinguishing fact from opinion? Describe each test in detail in making your
comparison.
8.
Right of reply and consent are regarded as secondary libel defenses. What
does this mean? Identify a case that deals with either of these libel defenses and
provide the case name, case citation, and summary of the case using the I-R-A-C
method.
9.
What must a plaintiff, who is suing for the publication of private facts, prove
to the court to win his or her suit? Describe in detail each element that the plaintiff
must prove. Identify a case that deals with the publication of private facts and
provide the case name, case citation, and summary of the case using the I-R-A-C
method.
10. In general, explain how the courts have responded to the argument that the
First Amendment protects the right to gather news?
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