FYLSX Defamation and Privacy Torts

Question 1

What is the primary distinction between libel and slander?

Accepted Answer

Libel involves written or fixed-medium statements; slander involves spoken statements

Answer

Libel is always more serious than slander regardless of circumstances

Answer

Slander requires proof of malice while libel does not

Answer

Libel can only be committed by media organizations

Question 2

Which element is NOT required to establish a prima facie case of defamation?

Accepted Answer

Intent by the defendant to harm the plaintiff's reputation

Answer

A defamatory statement of fact

Answer

Publication of the statement to at least one third party

Answer

Identification of the plaintiff in the statement

Question 3

Under New York Times Co. v. Sullivan, a public official suing for defamation must prove:

Accepted Answer

Actual malice—knowledge of falsity or reckless disregard for the truth

Answer

That the defendant's statement caused measurable economic harm

Answer

That the defendant acted negligently in publishing the statement

Answer

That the statement was not protected opinion

Question 4

Which of the following is a complete defense to a defamation claim?

Accepted Answer

Substantial truth of the defamatory statement

Answer

Good faith belief that the statement was true

Answer

The plaintiff is a well-known public figure

Answer

The statement was made only to a small number of people

Question 5

The 'publication' element of defamation is satisfied when:

Accepted Answer

The defamatory statement is communicated to at least one person other than the plaintiff

Answer

The statement appears in a newspaper with wide circulation

Answer

The statement is broadcast on television or radio

Answer

The statement is reduced to writing and signed by the defendant

Question 6

Which of the following is a classic example of defamation per se?

Accepted Answer

Falsely accusing someone of committing a crime of moral turpitude

Answer

Stating that someone has poor taste in clothing

Answer

Calling someone an incompetent driver in casual conversation

Answer

Expressing a negative opinion about the quality of someone's artwork

Question 7

Under the Gertz v. Robert Welch standard, a private figure plaintiff suing for defamation on a matter of public concern must prove at minimum:

Accepted Answer

Negligence by the defendant in publishing the false statement

Answer

Actual malice by the defendant

Answer

That the defendant intended to injure the plaintiff

Answer

Special (economic) damages in all cases