1. Court documents and testimony cannot be grounds for a defamation lawsuit because they are subject to a(n) _________.

constitutional defense

absolute privilege

qualified privilege

statute of limitations

2. The FCC may regulate __________.

only the seven dirty words in George Carlin's monologue

indecent speech that does not necessarily meet the Miller definition of obscenity

only obscene speech, applying national standards

no form of speech because the public interest demands that all ideas be broadcast

3. A judge who has decided to close a hearing or document must do each of the following except __________.

Determine that there are no reasonable alternatives to closure.

Narrowly tailor the closure so that no more is hidden from the public than necessary.

Include the facts and findings that support his/her decision in the court record.

Obtain a waiver from the party who was not seeking closure.

4. Ruby and Bubba got into a shouting match in their living room. It was a warm spring day and the windows were open. A passing neighbor overheard Bubba accuse Ruby of having an affair with the mailman. The neighbor told his friend, a reporter for the Times Herald, because Ruby was running for re-election as the town mayor. The reporter called the mailman, who verified that he and Ruby were having an affair. The reporter also contacted Ruby's best friend, Nadine, with whom Ruby had shared the lurid details of the affair. The reporter also met with Jim Bob, a private investigator hired by the mailman's wife to follow the mailman and observe his activities. The investigator showed the reporter photos of romantic encounters between Ruby and the mailman at quiet restaurants and in dark parking lots. The Times Herald ran the story about the affair and Ruby sued the reporter and the Times Herald for invasion of privacy.

Which of the following legal theories would most likely be successful in Ruby's lawsuit? Assume that you are in a jurisdiction that recognizes each of the privacy torts.

Appropriation of name or likeness - right to privacy

Intrusion into seclusion

Publication of private facts

Appropriation of name or likeness - right to publicity

Any of these theories would be successful

None of these theories would be successful