Test Question Answers

1. Fill in the blank
Libel per se is the worst kind of libel because the statements carry presumed damages.

 
2. Provide a brief explanation of the Supreme Court "operational realities" rule that all organziations must follow when drafting
their social media policy.

Dating back to the 1987 landmark Supreme Court case of O'Connor v. Ortega 480 U.S. 709 (1987) and reannounced in Quon v. City of Ontario, CA 130 S. Ct. 2619 (2010), organizations must develop communications policies based on their "operational realities", not the operational realities of another organization. This rule especially applies to the issue of defining an employee's expectation of privacy. For example, you may have open cubicles in your office but the organzization that you're copying the policy from has offices with closed doors. This means your employees don't have the same expectation of privacy as the other organization and you are giving your employees a false expectation of privacy. This is a policy gap that will come back to haunt you in a legal claim. This analysis also applies to policies on your computer network and social media platforms. You can't use policy templates because the policy may not reflect your "operational realities". 

3. Fill in the blank

Social Media companies like Facebook and Twitter have a legal right to republish, modify, and sell the pictures and video that you upload.

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