CHAPTER 6 EXERCISES
1. Consider the prior restraint implications as you read this account and then answer the questions that
follow it.
Shortly after the Three Mile Island nuclear plant in Pennsylvania shut down because of an accident, a former security employee at the plant told a newspaper reporter that plant security was inadequate and lax. To observe the security precautions firsthand, the reporter used the name and credentials of a former college roommate to apply for a job as a guard at the plant. The reporter was hired, and after two weeks of training, he started working full time as a guard.
The reporter worked two weeks at the plant, during which time he made notes about the facility and took photographs of the control room. He told no one there about his affiliation with the newspaper.
After quitting the security guard job, the reporter returned to his newspaper and wrote a series of articles about his experiences and observations at the nuclear plant. Before the stories were published, the reporter revealed his true identity to his former employers and asked to interview them. They refused to be interviewed.
Metropolitan Edison, operator of the plant, asked a court for an injunction to stop publication of the articles. A spokesperson for the company told reporters that the company did not want the reporter to divulge anything that could be detrimental to the security of the plant and the community. The spokesperson said that publication of the articles might expose the plant to terrorist attacks, endangering national security.
Answer these questions about this situation:
a. This case involves prior restraint. What is meant by prior restraint?
b. If the court follows the precedent of the Pentagon Papers case discussed in this chapter, what legal test
(legal reasoning) will the court use to decide whether to grant the injunction?
c. Briefly describe the argument that Metropolitan Edison would use to try to persuade the court to issue
the injunction.
d. Briefly describe the argument that the newspaper would use against the granting of the injunction.
e. Based on the Pentagon Papers precedent, whose argument is the court likely to accept?
2. Show that you understand the legal distinction between a limited public figure and a private person by naming two people in your town and the contexts in which each would be considered a limited public figure. Compare your answer with those of your classmates.
3. Use one of the online legal resources listed in Chapter 4 to find a court decision in a recent libel case. Prepare a brief summary including the following information: name of case, jurisdiction of the court that issued the opinion, facts of the case, whether the Plaintifff was a public official, public figure or private figure, which side won the case and the courts legal reasoning for its decision.
4. How is “actual malice” defined in a libel case, and what factors are considered by a jury or judge to decide whether the defendant acted with actual malice?
5. Give an example of the kind of story that a news outlet in your community might publish and then claim the neutral reportage defense, assuming that this defense were recognized in the jurisdiction in which you live.
6. For each of the following situations, consider whether the Plaintifff can establish each element of libel and, if so, whether a common-law defense is available if the item is published and results in a libel suit.
a. The Community Theater production of “Dear Ole State University” is three hours of sheer boredom. Instead of buying a ticket to this masquerade of a play, spend your $10 on something worthwhile.
□ Plaintifff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
b. John Playwright denies that he is an addict, but he must have written “Dear Ole State University” during
one of his frequent bouts with booze and drugs.
□ Plaintifff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
c. A woman, who asked that her name not be revealed, said in an interview that John Politician, local
mayor, raped her last year after the Christmas party for city employees. She said that she did not report
the rape to police because she was afraid that she would lose her job at city hall.
□ Plaintifff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
d. In passing sentence on John E. Smith yesterday, Judge James Hangman said, “You are a sorry excuse for
a man. The lowest animal known to mankind deserves more mercy than you gave your victim. I wish
this state gave me the authority to pronounce the death penalty on such dregs of humanity like you.”
□ Plaintifff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
e. Unless you’re in the mood for a middle-of-the-night visit to the hospital emergency room, don’t eat at
the Country Style Delights restaurant. The desserts are pretty good, but the rest of the food isn’t f t for a
dog to eat.
□ Plaintifff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
f. John X. Doe, 2468 Kingston Ave., was drunk when he raced his car through the red light at Green and
Main streets and struck the pedestrian, police on the scene said.
□ Plaintifff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
g. John X. Doe, 2468 Kingston Ave., was arrested and charged with driving under the influence of alcohol
after an accident at Green and Main streets last night.
□ Plaintifff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
h. “You are a murderer!” Sarah Bitter screamed from the witness stand as she pointed at the defendant, John E. Smith.
□ Plaintiff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
i. “All sorority girls are whores,” the evangelist told a campus crowd yesterday. “State universities shouldn’t condone the sinful activities of sororities and fraternities.”
□ Plaintiff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
j. At a meeting of the city council yesterday, a social worker told council members that Mayor John Politician was “charging big money to poor people who rent his rat-infested hovels.”
□ Plaintiff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
k. The Coffee Cup Cafe was ordered closed yesterday by the county health department. Records indicate that the cafe has scored below the “acceptable” rating on each of the last three sanitary inspections by health officials.
□ Plaintiff has no case because (element of libel) is not present.
□ All elements are present; the common-law defense is:
7. Consider each of the following situations in terms of privacy. Tell which privacy tort the Plaintiff would best claim. Then tell what defense, if any, would apply. Based on information given in this chapter, which side is likely to win if a privacy suit is f led?
a. Suzy Goodtan, movie celebrity, was sunbathing nude in her backyard, which is surrounded by an 8-foot
privacy fence. A freelance photographer stands on a 10-foot ladder to look over the fence and take
Suzy’s picture. The picture is never published.
Privacy tort that best applies here
Best defense against that particular privacy tort
Likely winner of this privacy case: □ Plaintiff □ Defendant
b. Mark Jones was shopping at the Super Save Supermarket yesterday when a big display of tomato soup
cans fell on his head. He is now in the hospital, suffering from a head injury. A videographer who happened to be in the supermarket at the time of the accident took some footage of Mark lying on the floor
awaiting the ambulance. In its evening newscast, a local TV station included the footage with a tagline
reading “Freak Accident” and the anchorperson gave Jones’s name and address. Jones flees an invasion
of privacy lawsuit.
Privacy tort that best applies here
Best defense against that particular privacy tort
Likely winner of this privacy case: □ Plaintiff □ Defendant
c. If the newscast mentioned in Exercise 7b included the name and address of the Super Save Supermarket, would the owner of the market have a good chance to win either a libel or privacy suit?
Privacy tort that best applies here
Best defense against that particular privacy tort
Likely winner of this privacy case: □ Plaintiff □ Defendant
Would Super Save have a better chance of winning a libel suit than a privacy suit? Explain.
d. Mark Jones was surprised a few days later when he saw a television commercial showing his cute
4-year-old daughter standing in a Super Save aisle. It seems that the public relations/advertising agency
that represents Super Save obtained outtakes from the TV newscast to create a television commercial.
The voice-over for the commercial said: “Four-year-old Heather enjoys tagging along with her parents
to shop at Super Save where the family can purchase all its grocery needs at the lowest prices in town.”
Privacy tort that best applies here
Best defense against that particular privacy tort
Likely winner of this privacy case: □ Plaintiff □ Defendant
e. A famous actress is in town to appear in a play. The local newspaper publishes a picture of a prominent
local executive, who is married, embracing the actress in a hotel lobby. The picture caption identifies
both the man and the actress.
Privacy tort that best applies here
Best defense against that particular privacy tort
Likely winner of this privacy case: □ Plaintiff □ Defendant
f. The caption for the picture of a famous actress and prominent local executive embracing in a hotel
lobby implies that a romantic relationship exists between the two.
Privacy tort that best applies here
Best defense against that particular privacy tort
Likely winner of this privacy case: □ Plaintiff □ Defendant
g. A magazine reveals that 25 years ago Sam Goodman was released from prison after serving a 10-year
term on a conviction of molesting children. During the past 25 years, Goodman has been an outstanding citizen in town and has been honored for his volunteer work with children. Goodman’s family,
friends and business associates were unaware of his past criminal conviction.
Privacy tort that best applies here
Best defense against that particular privacy tort
Likely winner of this privacy case: □ Plaintiff □ Defendant
h. A magazine reveals that 25 years ago Sam Goodman (Exercise 7g) was arrested and charged with
molesting children, but the magazine does not include the information that Goodman was acquitted of the charges after a trial.
Privacy tort that best applies here
Best defense against that particular privacy tort
Likely winner of this privacy case: □ Plaintiff □ Defendant
i. To attract subscribers, the local newspaper uses direct mail advertising to all nonsubscribers in town. The ad includes a page reprinted from the newspaper, showing a color picture of a former star quarterback at your university in a game photo that ran previously on the sports page. The quarterback now stars in the NFL and commands large endorsement fees.
Privacy tort that best applies here
Best defense against that particular privacy tort
Likely winner of this privacy case: □ Plaintiff □ Defendant
j. A magazine publishes a story revealing intimate, graphic details about the sex life of a famous Hollywood actor. The story is based on interviews with two longtime employees at the actor’s home.
Privacy tort that best applies here
Best defense against that particular privacy tort
Likely winner of this privacy case: □ Plaintiff □ Defendant
8. You are a magazine staff photographer. A nationally circulated sports magazine (not the magazine that you
work for) contacts you about buying some of your pictures that have appeared in the magazine.
a. Discuss this situation in terms of copyright.
b. Would copyright considerations differ for a public relations professional employed by a PR firm that
edits a newsletter for one of its corporate clients? Explain your answer.
9. A public relations firm hired by an author to promote her first novel is considering the idea of trying to place
a condensed, serialized version of the book in a magazine or a newspaper, along with a feature story about
the author. Explain whether such a series is likely to qualify as fair use. Your discussion should illustrate that
you understand the meaning and application of fair use.
10. Explain why redistributing an article or music from the Internet without permission violates copyright law.
11. List at least three registered trademarks other than those listed in this chapter and suggest a generic term for each one.
12. A public high school prohibits students from wearing T-shirts that convey commercial messages, including names and logos of popular musical groups. If students challenge this ban in court, explain the legal rationale that the court is likely to use in deciding the case. (Assume that this school does not require students to wear uniforms.)
13. If students at a private high school challenge the same T-shirt ban, would the same legal rationale apply? Explain your answer.
14. Might your answer to Exercise 13 vary from state to state? Explain.
15. A high school newspaper staff working in a journalism class plans to publish an article about safe sex. The principal prohibits the article, arguing that safe sex is an inappropriate subject for immature high school students.
a. If this censorship were challenged in court, which legal test would be used: the “substantial disruption”
test or the rationale from the 1988 (Hazelwood) Supreme Court case? Explain your answer.
b. What will be the outcome of the case? Explain your answer.
16. If the student publications department at a public college wished to publish an article about safe sex on its Web site or newspaper, might it encounter problems from school administrators? Explain your answer.
17. A reporter wrote a straight news lead for the complaint shown in the following illustration, but the supervising editor wanted a short human-interest feature instead of a straight news story. It is nearly deadline and all reporters are busy, so it’s your job to rewrite the lead to make it a “bright” for your hometown paper. Read the following complaint carefully and write a two-paragraph lead to put on top of the story the reporter submitted.