A. Ms. Vogel purchased a new car from Rally Motors and she took it back to the dealership 8 times to repair a rattling noise. She believes it was not fixed, although the mechanics said they could not even hear a rattle.

One morning, Ms. Vogel fastened a giant-sized plastic lemon to the top of her car and parked it on the public street directly in front of Rally Motors.As we discussed this "symbolic speech" expresses to all who see it that her car is what is commonly referred to as a "lemon" (a "lemon" is defined by statute as a car sold with a defect which the seller is unable, or unwilling, to repair after at least 3 visits within a certain time period after purchase).

Question: Has Ms. Vogel committed a tort of defamation (libel or slander) against Rally Motors based on only the above facts ?Why or why not?

In your answer make sure to discuss the elements of defamation (for slander or for libel)

ADD THESE NEW FACTS:Ms. Vogel stands quietly next to her car-with-the-huge-lemon-on-top for a while, but then she takes out a bull horn ( a loudspeaker) and begins shouting to passers-by, over and over, that "Rally sells lemons".

Question: Does this change Ms. Vogel's possible liability? Why or why not?(are any additional elements of a defamation action established by this conduct?)