2013-Fall-Lumsden-Privacy-Defamation-Torts-Answer

2013-Fall-Lumsden-Privacy-Defamation-Torts-Answer - ID P...

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.. ID : 10: Exam Name: Grade: PrivDeftorts_(Lumsden)_l3FL Golden Gate University School of Law (Exam Number) orts_(Lumsden)_13FL · Jo Page 1 of 1 Exam taken with SofTest v11 .0.270.93938
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ID: PrivDeftorts_(Lumsden)_13FL 1) ========Start of Answer #1 (1698 words)======== L~ton:o' Common Law Defamation Huffington Post may be liable under defamation based on libel. Common law ·- defamation requires a showing that there was a publication, of a defamatory statement of the Plaintiff, of and concerning the plaintiff, and that it cause harm to plaintiffs re~utati~1 Libel is a written ~e perma nt form ;public~on. In order to cause harm to plaintiffs reputation, the statement must have cause plaintiff subject to scorn, ridicule, hatred, contempt or obloq:) ~J person who is not the plaintiff or the defendant. Here, The story that the Huffington Post posted is posted for all ~f their readers to see. The story is properly publsihed to the third persons who read the story on the Huffinton Post Web~ef - For a statement to b of and concerning the pi intiff, he statement must explicitly name the plaintiff or a reasonable person can inferr that tt is about the plaint~ } Here, The headline on the Huffinton Post read, "Local CEO Slimes City Mayor ... ". nd video posted on the website. Although the written .,-::-.- .... --r---- transcript nor the headline ~aY- have explicitly named Larry, a reasonable person could Page 1 of 7
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(Question 1 continued) ID: PrivDeftorts_{Lumsden) 13FL ~~.~~ In order to cause harm to plaintif'c; · •nutation, he statement must have cause plaintiff subject to scorn, ridicule, hatred, contem or obloquy. Here, Larry is the third richest man in the merica and the story could ruin ~is reputation. Although, it could be argued that larry has already tarnished his name b having an already highly piublisized tJ( bitter dispute with S;'s mayor. This bitter dipute could have already placed his name in a bad light with whatever reputation he may have with the public. However, this story seems mo harmful in that by Larry's allegated "sliming" of the mayor, it may lead to ·- hatred an corn by the poeple of the city that voted for the mayor in the first place. It seems like the story is likley to have harmed Larry's reputatio~ Public Concern/Public Figure & Pu lie Official Modernly the courts require that plaintiff prove falsity of the statement and fault .
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