Law of Torts-Defamation

Justin, a student in a state university law school, posted on the law school bulletin board the following typed notice:

Professor Smitt gave an “A” grade last semester to a woman in return for sexual favors. The facts are widely known and talked about.

The statement about sexual favors was true of a different teacher also named Smitt (Teacher Smitt) who had been fired from his job at a nearby college as a result. Justin knew that Teacher Smitt had been fired but did not know why. Justin honestly believed that Professor Smitt was the one who had given the “A” grade in return for the sexual favors. On the day after Justin posted the typed notice, Ed, editor of the Daily Times, the local newspaper, published in the Daily Times a clear picture of the posted notice, commenting only that the notice was posted on the local law school bulletin board.

Professor Smitt had given only one “A” grade the previous semester. This was to a woman named Liz, who had never been intimate with Professor Smitt. Her grade had appeared alongside her secret examination number on Professor Smitt’s list of grades, which had been posted on the bulletin board. Liz was never identified publicly by Professor Smitt or the school as the recipient of the “A” grade.

1. What legal claims and defenses should be asserted in a suit by Professor Smitt against Justin, Ed, and the Daily Times, and how should the claims and defenses be resolved? Discuss.

2. What legal claims and defenses should be asserted in a suit by Liz against Justin, Ed, and the Daily Times, and how should the claims and defenses be resolved? Discuss.

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