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Unformatted text preview: public official. ISSUE Was there malice or negligence in publishing any of the statements made in the article? HOLDING Yes, there were two statements. REASONINGThere can be malice seen in subheading “Losing custody to a child molester.” The statement “a July 2002 report conducted for the Baltimore County DSS determined that Mandel had assaulted his 10- year-old daughter from an earlier marriage. The report states that Mandel's daughter accused him of seven 'incidents' of fondling. ..” was also seen as actionable. ETHICAL CONCERNS It seems as though the newspaper does have the right to publish the information it did, just not saying those two statements in such a negative way. However, that being said, would what was damaged, Mandel’s reputation, be any less damaged if the newspaper had published it in a less negative light?...
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- Fall '08
- Business Law, The Phoenix, Marc Mandel