Media Law Practice Exam

 

THESE ARE SAMPLE QUESTIONS FROM ALL THE MATERIAL COVERED IN THE SEMESTER.

 

Multiple Choice (usually 10-15 questions.)

1. Olivia Owner is proud of her hair salon, "To Dye For." She employs four hairdressers, one of whom is Calvin Carp. When Olivia hired Calvin, she made a point of informing him that she preferred for her hairdressers to be polite and discrete and not to sound off when customers were in the salon.

 

Calvin was warned many times by Olivia to keep his opinions to himself during business hours. Finally, one day while he was washing a customer's hair, Calvin launched into a lecture on the inadequacy of the president's economic policies. Olivia heard the tirade in the next booth and, after the customer had left, she fired Calvin.

 

Calvin has filed suit against Olivia and "To Dye For," claiming that Olivia's actions violated the First Amendment and Fourteenth Amendments.

 

What is the likely outcome of the suit?

 

A. Calvin will win because the First Amendment guarantees his right to express his opinion, especially political opinions.

B. The case will never get to a jury; a judge will grant a summary judgment because there is no government action involved.

C. The case will turn on a judge's decision about whether Olivia held actual malice for Calvin.

 

2. The City of Fayetteville has an ordinance which prohibits the posting of fliers on buildings and utility poles. The ordinance provides for an exception for notices of Hawg pep rallies, which may be posted from noon Wednesday until noon Friday. The notices must be no larger than 11 x 14 inches and must be removed by noon Friday.

 

Which of the following statements is true?

 

A. The ordinance is probably a constitutional restriction on speech, because it contains reasonable time, place and manner restrictions.

B. The ordinance is probably unconstitutional because it is content-based.

C. The City has a compelling interest in keeping litter off its streets and the ordinance as written is narrowly tailored to serve that interest.

 

3. Which of the following is true of the Arkansas Shield Law?

 

A. Because it was written in 1936, the Arkansas Shield Law does not protect television reporters.

B. The Arkansas Shield Law protects confidential as well as nonconfidential sources.

C. The Arkansas Shield Law protects only published information.

 

4. Which of the following statements is true concerning the Arkansas Freedom of Information Act?

 

A. The language guaranteeing the right to "copy and inspect" requires the custodian to make a photocopy of the document.

B. Requested documents must be given up immediately or within three business days if they are "in storage or active use."

C. The "reasonable fee" that the custodian of the records can charge can include the employee time needed to find and provide the documents.

 

5. The Privacy Protection Act of 1980 protects a journalist's notes, videotape and other work product from:

 

A. Search Warrant

B. Subpoena

C. Publication

 

 

ESSAY Questions: (Usually 3 questions.)

 

Essay Question (50 points)

 

The Daily Snooze published a letter to the editor from Larry Loser, who failed in his attempt to defeat Iman Incumbent in the campaign for constable. Loser called Incumbent "a Californicator." He also said Incumbent was "a failure as a businessman." Incumbent wants to sue Loser for libel.

a. Would the Daily Snooze be liable for defamatory language written by someone outside the newspaper staff -- in other words, in a letter to the editor? Why or why not? (12 points -- 2 points for yes/no. 10 points for explanation.)

b. Analyze each of the comments in quotation marks as to whether they might be considered defamatory language. (20 points -- 10 points for each analysis.)

c. What standard of fault would Incumbent, the plaintiff, have to prove? Why? (18 points -- 8 for naming the standard; 10 for explanation.)

 

Multiple Choice Answers:

1. B is the answer because the First Amendment protects us only from government action.

2. B is the answer because, although the government could restrict fliers altogether, it can't make restricts based on content.

3. C is the answer. A is false because the Arkansas Supreme Court has interpretted the Arkansas Shield Law to include television reporters. B is false because the language of the law specifically requires confidentiality.

4. B is the answer because that is the language of the law. A is false; the word "copy" in this instance means merely to look at and write down or "make your own copy." C is wrong because the law prohibits the custodian from charging citizens for time involved in providing the documents.

5. A is the answer. Be careful not to confuse this with shield laws which protect from subpoena. C is nonsense.

 

Essay Question Answer:

a. The Daily Snooze would be liable for any defamatory language contained in a letter to the editor, because newspapers are not required by law to publish anything. Therefore, they are liable for any words they publish.

b. The "Californicator" label is probably too vague to be considered defamatory language. First, a jury would have to agree on what it meant. Second, they would have to agree it can be proven true or false. Otherwise, it's a protected statement of opinion. The "failure as a businessman" is more likely to be considered defamatory language. One of the most dangerous kinds of published language is that which calls someone incompetent in business.

c. Incumbent would have to prove actual malice because he is a public official, both because he is the incumbent constable and because he is running for office.

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