Defamation
Read the case of Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990).
Hypothetical Scenario:
John Doe stated that “in my opinion my neighbor, Bob Smith, is a drunken idiot who everyone knows steals from his company to support his cocaine habit. That’s what I think any way.” Bob Smith is not a drunk or an idiot, does not steal from his company, and does not use cocaine.
Is John’s statement defamatory? Can John successfully argue that his comments were simply his opinions and therefore not defamatory? Would the result be different if John heard the statement from a reliable source and Bob Smith is the local senator?
You are expected to review and comment on at least two of your classmates’ responses.
Read the case of Green v. Chicago Tribune Co., 286 Ill.App.3d 1, 675 N.E.2d 249 (Ill.App. 1 Dist., 1996). Access the case using Westlaw.
Do you agree with the Court’s decision that Laura Green stated a cause of action for public disclosure of private facts? Do you agree with the dissenting justice’s opinion that the Chicago Tribune’s publication of the article and photos was protected by the First Amendment?
You are expected to review and comment on at least two of your classmates’ responses.
…………Answer preview…….John’s statement is very defamatory given that there is no evidence to prove his claim. The statement appears to be very malicious and said out of scorn and hatred with an aim of brewing malice. With this kind of statement, john cannot prove that these are mere opinions. Describing his neighbor as an idiot……..