What arguments should the defendant make to avoid defamation liability?The defendant can argue that liability for defamation inhibits free expression. This would applyas an absolute privilege that would shield the article’s publisher regardless of their motive orintent. The assertion that “Jones pulls the strings” can apply as a witness of legislativeproceedings. The publisher can also […]
To start, you canWhat arguments should the defendant make to avoid defamation liability?
The defendant can argue that liability for defamation inhibits free expression. This would apply
as an absolute privilege that would shield the article’s publisher regardless of their motive or
intent. The assertion that “Jones pulls the strings” can apply as a witness of legislative
proceedings. The publisher can also argue that they believed the statement to be true when they
made it. In such a case, it would need to be proven that the publisher had reasonable knowledge
that the statement was false but had recklessly regarded the truth (Prenkert et al., 2021)
Should Jones win his case?
The bar has been set high in the case of public officials such as Jones. Jones must prove that the
publisher either deliberately or recklessly published false information with the intent of malice.
(Prenkert et al., 2021) notes that, going by the first amendment provisions, the plaintiff must
have clear and convincing evidence of malice. In a defamation case, the statement must be both
false and defamatory. In Philadelphia Newspapers, Inc v Hepps [1986], the judges held that a
private figure could not recover defamation damages without showing that the statements
published in the speech of public are false. It is challenging to prove falsehoods in the assertions
such as “leading Smithville to destruction”. Jones should not win the case.
References
Philadelphia Newspapers, Inc. v. Hepps, 475 U.S. 767, 106 S. Ct. 1558, 89 L. Ed. 2d 783 (1986).
Retrieved from
https://scholar.google.com/scholar_case?case=3066699330828671613&q=the+statement
+must+be+both+false+and+defamatory&hl=en&as_sdt=2006
Prenkert, J. D., Barnes, J. A., Perry, J., Haugh, T., & Stemler, A. (2021). Business Law: The
Ethical, Global, and Digital Environment (18th ed.). McGraw Hill.
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