CHAPTER 14 QUESTIONS

1. List the five elements of defamation.
2. List three defenses to defamation.
3. Give an example of "fair comment".
4. How does the "reasonableness" test differ from the Times Malice standard?
5. How does the common law approach to defamation differ from the CDA's approach?
6. What is the importance or significance of the CDA § 230?
7. Who does the CDA § 230 protect?
8. Give three examples of an "interactive computer service" as defined by the courts.
9. Does the CDA § 230 protect the actual author of the alleged defamation?
10. Does the CDA § 230 have a takedown requirement? Explain.
11. What is a "personal attack Web site" and are such sites protected by the CDA § 230? Explain.
12. How does "libel per se differ" from "libel per quod"?
13. Give an example of a court limiting CDA § 230 immunity.
14. In what major way does the U.K. Defamation Act of 1996 differ from the CDA § 230?
15. What is the "Mrs. Murphy" exception to the Fair Housing Act?
16. Distinguish an "all purpose public figure" from a "limited purpose public figure".
17. Describe the inherent tension between defamation and the right of anonymous speech.
18. List four rationales favoring anonymity and four rationales opposing it.
19. What barriers exist to identifying an anonymous poster?
20. State three reasons why the ease of editing false information on the Internet does not minimize the damage to one's reputation.
21. What makes a statement libelous?
22. Is a blogger liable for defamatory comments posted to his blog by a third party?

 

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