Law of journalism and mass communication 5th edition trager test bank

Law of Journalism and Mass Communication 5th Edition Trager Test Bank Visit to download the full and correct content document: https://testbankdeal.com/dow nload/law-of-journalism-and-mass-communication-5th-edition-trager-test-bank/

Chapter 6: Protecting Privacy 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. both B and C above E. none of the above 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. a and d above 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’ 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 *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. All the above *E. A and B above only 10. A reporter meets a fire truck at a huge blaze engulfing a large house. The reporter asks the fire fighters 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 fire fighters say “yes,” and the reporter follows the fire fighters into the garage. The homeowner A. likely will be able to successfully sue the reporter for intrusion, but only if the reporter refused to leave when the homeowner told her to leave *B. likely will be able to successfully sue the reporter for intrusion if the homeowner did not give the reporter permission to be in the house C. likely will be not able to successfully sue the reporter for intrusion if the fire fighters truly believed they had the right to give the reporter permission to follow them into the house

D. likely will be not able to successfully sue the reporter for invasion of privacy if the fire fighters 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 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 the above 16. Which federal government agency protects consumer privacy and enforces federal privacy laws?

A. Congress B. The Federal Communication Commission (FCC) *C. The Federal Trade Commission (FTC) D. The Federal Bureau of Investigation (FBI) 17. Which Amendments are considered to protect different aspects of personal privacy?

A. Third & Fourth B. Third, Fourth, and Fifth *C. Third, Fourth, Fifth, and Fourteenth D. Fourth, Fifth, andFourteenth 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 the above 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 the above 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: 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 23. Privacy first was brought to the attention of judges and lawyers through an 1890 law review article by Warren and Brandeis. *a. True b. False 24. 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. *a. True b. False 25. Courts in all states allow plaintiffs to bring false light lawsuits against the mass media. a. True *b. False 26. A newspaper photographer who is on a public sidewalk never can commit intrusion. a. True *b. False 27. In private facts lawsuits, judges use a “bright-line” rule to determine if the story is newsworthy. a. True *b. False 28. Successful appropriation suits may be based on advertisements, posters, and news stories. a. True *b. False 29. 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. *a. True b. False 30. 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. a. True *b. False 31. In general, intrusion can take place if there is a reasonable expectation of privacy. *a. True b. False 32. To win a private facts lawsuit, the standard a plaintiff must show is the publication injured the plaintiff’s reputation. a. True *b. False 33. 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. *a. True b. False 34. 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. *a. True b. False 35. 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. *a. True b. False 36. 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. *a. True b. False 37. A right of publicity cannot survive a person’s death. a. True *b. False 38. Generally speaking, courts are applying the transformative use test to affirm First Amendment rights in lawsuits that involve movies, video games, and television. *a. True b. False

Type: E 39. What is the First Amendment defense against a private facts lawsuit? *a. The media defendant published truthful material lawfully obtained from a public record.

40. 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. *a. For intrusion, Smith would have to show that she had a reasonable expectation of privacy and that she did not give consent for the intrusion. First, there was no indication that the public generally was invited into Smith’s office. Although the store certainly invited the public into its building, making it a quasi-public place, it did not give permission to go into all offices without permission. Smith’s door was closed and marked “Private,” making it clear that the public was not invited into that office. Smith, then, had a reasonable expectation of privacy. Second, Phyllis did not receive permission to enter the office, and in no other way did Smith indicate she had given Phyllis her consent to her being in the office or taking the picture. As a result, Ms. Smith will win the case.

41. 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? *a. Brown will not win his suit for appropriation. Appropriation is the use of a person’s name, picture, likeness, or (maybe) voice for commercial or trade purposes without permission. However, when any of these are used in the non-advertising part of a mass medium, courts generally will not find appropriation. Here, even though the story may not have been entirely accurate, it ran in the “news” columns, and therefore likely will not be found to be appropriation. Brown may win a false light suit. In addition to publication (in the newspaper) and identification (Brown’s name was used), a false light plaintiff must show that the material is highly offensive to a reasonable person. [Argue whether it would or would not be.] Also, most courts require false light plaintiffs to prove actual malice (knowledge of falsity or reckless disregard of truth or falsity). Here, like the Cantrell v. Forest City Publishing Co. case in the Supreme Court, fabricated quotations and thoughts attributed to a person not interviewed by the paper would be proof that the

paper lied—it knew that the quotes and thoughts were made up. Therefore, Brown could prove actual malice. No defense would be applicable in this case.

42. Appropriation includes two different torts: commercialization and the right of publicity. Explain these two torts and their differences. *a. Most people do not want their names or pictures to be in advertisements because they want to remain private. The appropriation tort used to protect people who want privacy is called commercialization. Commercialization prohibits using another person’s name or likeness for advertising purposes without permission. Some people, however, want their names and pictures to be publicized. They make their living by being famous. But they want to control when, how, and where their names and pictures will be used for advertising and other commercial purposes. They also want to be paid for giving their permission. This part of the appropriation tort is the right of publicity. Although both commercialization and the right of publicity prevent the use of someone’s name, picture, likeness, voice, or identity for advertising or other commercial purposes without permission, they differ in two important ways. One difference is that commercialization protects an individual’s dignity connected with personal privacy, while the right of publicity protects the monetary value of using well-known individuals’ names and pictures. A second difference is that courts generally consider commercialization to be a personal right, one that does not survive a person’s death. However, the right of publicity may be considered a property right, not a personal right. In many states, the right of publicity survives after a person’s death.

43. Explain the artistic relevance test and how it is applied when First Amendment protection competes against a right of publicity. *a. This test asks whether using a celebrity’s name or picture is relevant to a work’s artistic purpose. If it is, the First Amendment, which applies to artistic as well as journalistic works, may allow using the celebrity’s name without permission. However, consent is needed if the name or a celebrity’s likeness is used primarily to give the work commercial appeal.

44. Explain the transformative use test and how it is applied when First Amendment protection competes against a right of publicity. *a. Some courts have used a transformative use test to decide whether a challenged work has First Amendment protection against a right of publicity suit. These courts ask whether the new work only copies the original—an artist makes an exact drawing of a celebrity and sells copies of that picture—or instead transforms the original by adding new creative elements. If an artist drawing a caricature exaggerates a person’s facial or body features, perhaps for comic effect, the caricature transforms the original—that is, changes the person’s actual physical features. The First Amendment protects caricatures that have enough originality. The court proposed the transformative use test to distinguish protected artistic expression about celebrities from expression that encroaches on a personality’s right of publicity. The First Amendment protects a work that adds enough

new elements to the original to transform it. Changing the original by giving it a new meaning or a different message justifies First Amendment protection. Transformative works may be satires, news reports, or works of fiction or social criticism, the court said.

45. 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. *a. The predominant use test determines whether the defendant used the plaintiff’s name or picture more for commercial purposes or for protected expression.