Jessica Smith, 23, of NKUville, is a charismatic and passionate young woman. She is an outspoken advocate for animal rights, participating in outreach through organizing events like walks and 5k runs and speaking to groups.
Smith is often paid for speaking engagements, in which she works to educate people about issues facing animals in her community. For example, she advocates for a vegan lifestyle and kind pet practices (such as adopting animals from shelters rather than buying from pet stores or breeders). As part of her advocacy, Smith often shares the stage with her beloved dog, Mr. Pickles. In her rural community, Smith sometimes clashes with the farming community over its meat-eating and other animal use practices.
Because of Smith’s upcoming speech at the local library, which kicks off a weekend where her 5k takes place to raise money for the local animal shelter, The NKUville News was working on a profile of Jessica.
During the context of their reporting, The NKUville News received a strange call from a person who refused to give his name. Jessica, the caller told the news, was once ticketed for leaving her beloved Mr. Pickles in a hot car when she went into the grocery store. Obviously, mistreating animals is the antithesis of Smith’s message, so this tip is potentially a juicy one. The reporter tried to engage the caller in getting information and a name for the source, but the caller refused. After hanging up with the caller, the reporter went to the courthouse to examine prior tickets against Smith. The reporter was unable to find any evidence that Smith was ever ticketed for anything. When the story ran, it says, in part:
“In person, Jessica Smith is a strident advocate for animal rights, but rumors have surfaced that she sometimes is less than an ideal caretaker for her own dog Mr. Pickles. Anonymous sources indicate that Smith was ticketed for leaving Mr. Pickles in a hot car while Smith grocery shopped. Smith denies this claim.”
Another part of the story refers to Smith as a vegetarian instead of her actual status as a vegan.
After seeing the story in the newspaper, Jessica Smith sued the newspaper for libel base
Two tasks:
1.Explaining libel, evaluating Smith’s situation, and concluding about the strength of her case.
To do so, List each of the six elements of libel, define briefly what each element means, and then evaluate each element to the facts of Smith’s case. Even if you think Smith’s case would fail on one of the elements, discuss EACH element.
In terms of fault, I want you to evaluate both
(what type of person Jessica would be considered (and why) as well as how her case falls under
the fault standard for that type of person. Note: I have not given a lot of information about the reporter’s methods, so for fault, argue what the reporter could have done both to fail and pass the particular fault standard.
In terms of harm, think about what harms could result and what evidence Smith might provide to prove these harms existed.
After defining and evaluating the elements, conclude whether or not you think Smith would have a case overall.
2. There are defenses for libel. Which defenses could be most important here? Evaluate each defense you think could be important here. Obviously in a “Real” situation you would have more information about the reporter’s methods and sources. I did not provide a lot of that here – so tell me what you would look for to make these defenses work for The NKUville News
Attachments “Textbook”: is learning material for this assignment: Libel, the plaintiff’s case: 133-161 and Libel, the defendant’s case: 175-199
