FYLSX Defamation and Privacy Torts 3

Question 1

A newspaper publishes a true but embarrassing account of a private individual's past mental health hospitalization. The most appropriate tort claim is:

Accepted Answer

Public disclosure of private facts, because true private information was widely publicized

Answer

Defamation, because the story harms the plaintiff's reputation

Answer

False light, because the story creates a misleading impression

Answer

Intrusion upon seclusion, because the journalist accessed private records

Question 2

Which of the following statements is most likely protected as non-actionable opinion under defamation law?

Accepted Answer

'In my opinion, John Smith is the most incompetent manager I have ever worked for'

Answer

'John Smith stole money from the company's petty cash register last Tuesday'

Answer

'John Smith was convicted of embezzlement in 2020'

Answer

'John Smith's company secretly filed for bankruptcy last month'

Question 3

A radio host falsely broadcasts that a local restaurateur is violating health codes. The restaurateur suffers no proven economic loss. Under traditional common law rules, the restaurateur may recover:

Accepted Answer

General damages, because false statements injuring business reputation are slander per se

Answer

Nothing, because no special damages were proven

Answer

Only nominal damages for the technical wrong

Answer

Damages only upon proving the host acted with actual malice

Question 4

Which element of defamation is satisfied when one coworker gossips about another coworker's alleged criminal record to a third coworker at lunch?

Accepted Answer

Publication, because the statement was communicated to a person other than the plaintiff

Answer

Defamation per se, because criminal accusations are automatically categorized

Answer

Actual malice, because the gossiper likely doubted the information's accuracy

Answer

Special damages, because the plaintiff's reputation suffered at the workplace

Question 5

Celebrity P sues a magazine for a story that falsely implies she was involved in a financial scandal. Which constitutional standard governs her defamation claim?

Accepted Answer

Actual malice, because P is a public figure who voluntarily entered public life

Answer

Negligence, because she cannot establish actual malice on the current facts

Answer

Strict liability, because the magazine is a commercial media enterprise

Answer

Intent to harm, which is the highest standard and applies to all defamation suits

Question 6

A defendant uses a professional athlete's photograph in a national advertising campaign without the athlete's consent or compensation. The defendant is most likely liable for:

Accepted Answer

Appropriation/right of publicity, because the athlete's identity was commercially exploited

Answer

Defamation, because the ad implies false endorsement

Answer

False light, because the ad places the athlete in an objectionable portrayal

Answer

Intrusion upon seclusion, because the photographer invaded a private space

Question 7

In jurisdictions that recognize it, the 'wire service' defense in defamation provides:

Accepted Answer

A qualified privilege when a defendant republishes wire service content in good faith without reason to doubt its accuracy

Answer

An absolute bar to liability for any story that originated from a wire service

Answer

Immunity only for broadcast media that receive wire feeds in real time

Answer

A complete defense only if the wire service itself has not been held liable