J 360 - of fact which constitutes falsity because the...

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Griffin Warner J315 Writing Assignment Two Libel traditionally involves false and defamatory information communicated as an assertion of fact. It contains six tenets, of which the most important five are: defamatory content, publication, identification, fault and falsity. When student Joe Jones files suit against a blogger for posting that he allegedly traffics drugs, each of these elements would be called into question. The blogger’s post specifically states that Jones is selling drugs on campus. According to the definition of defamatory, this statement could easily be seen as an attempt to injure the plaintiff’s reputation because it questions Jones’s integrity and morality, which would easily deter others from associating with him. Publication is clear because the blog was posted online, which is how the defamatory statement was disseminated to other people besides Jones. Identification must be made to show that the libelous statements were meant to “concern” Jones, and they were because he was specifically named in the allegations. The claims were assertions
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Unformatted text preview: of fact, which constitutes falsity because the blogger did not offer views as an opinion. Despite the informal questioning of two classmates before the blogger posted his or her view, Jones’s complaint would also refute the blogger’s post as being untruthful, thus claiming falsity. Finally, fault is the most important part of this case. The Supreme Court infused constitutional standards that allowed “honest mistakes” to be made without fear of retribution, but due to negligent research via dependence on uninformed sources, the blogger’s mistake was not an honest one. After discussing the tenets of libel, there was defamatory content in the drug charge, the claim was published over the internet, Jones was identified directly, the blogger was directly at fault for posting it, and the rumor turned out to be false. For these reasons, and especially when harm is not considered, Jones is very likely to win the lawsuit against the blogger....
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