Question: Raymond, a billionaire businessman widely known in the state, is running for the U.S. Senate....
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Question: Raymond, a billionaire businessman widely known in the state, is running for the U.S. Senate. A newspaper reports that Raymond received $150,000 from an organization with "proven links to terrorist groups." The story came from a woman working in Raymond's own campaign, and two other witnesses, all three of whom had proven reliable in the past. Raymond, leading in the polls by 18%, plummets in popularity and loses the election. Raymond sues the paper. Outcome? Strategy: First, determine the injury that Raymond has suffered. His reputation has been damaged. Second, ask what tort protects reputation. Defamation. Third, apply the elements to these facts. Result: The newspaper's story, very likely to harm reputation, was widely communicated and did injure Raymond. But we don't know whether the article was true or false. Do we need to know? Usually we do, because a defendant is only liable for false statements. However, notice that a public personality must also prove actual malice. Was Raymond a public figure? Yes, he was a prominent billionaire and Senate candidate. There was no actual malice. The paper acted in good faith, using three credible sources. Raymond loses his lawsuit.
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