Fred, an off-duty police officer, became a bit intoxicated in his local bar one Saturday evening, and shot off his mouth. Among other things, he told everyone within hearing distance that his precinct captain was “probably on the take, just like every other hotshot on the force.” When this comment got back to his captain, the captain reported it to the police commissioner. Fred was given a written reprimand and demoted from sergeant to corporal, and the captain filed a lawsuit for defamation.

Based on these facts, was Fred actually guilty of defaming his captain? What obstacles to proving a case of defamation and recovering money from Fred does the captain face? If Fred is a member of a police officers’ union and could be disciplined only for good cause, what arguments does the union have in a grievance situation to contest Fred’s drop in rank?