Question
Ace reporter Nathan Newsbreaker is sitting at his desk in the newsroom of KHIT-TV in Phoenix, when he receives a call from Governor Doug Droosey.
Ace reporter Nathan Newsbreaker is sitting at his desk in the newsroom of KHIT-TV in Phoenix, when he receives a call from Governor Doug Droosey. It's a known fact that Droosey does not like County Sheriff Joe CowPieOh. Droosey tells Newsbreaker that CowPieOh is under investigation by the state police for syphoning money from the sheriff's office to a personal bank account that CowPieOh uses as a vacation slush fund. He also tells Newsbreaker that CowPieOh and his wife, Mava, have been having marital problems, and that Mava recently filed for divorce.
Newsbreaker doesn't have a police report, but Droosey agrees to make the accusation of money-syphoning on camera. Newsbreaker interviews Droosey, then heads over to the sheriff's office where he confronts CowPieOh.
"Is it true that you are taking money from your office and using it for vacations," asks Newsbreaker on camera.
"That's a lie! And if you put that on TV, I'll sue you!" responds CowPieOh.
Newsbreaker runs the story, with both interviews. The next day, he drives down to the county courthouse and looks up recent divorce filings. He finds Mava's petition for divorce, and in the paperwork, it says that Mava had an affair and contracted an STD. He airs a second story about this issue and cites the court paperwork in the story.
Turns out, Droosey was making up the story about CowPieOh using county money for his vacation slush fund. The head of the state police issues a statement that says there is no such investigation underway and there is no indication CowPieOh has done anything wrong.
The state police then show up at the KHIT-TV newsroom to arrest Newsbreaker for violating a state law that says it is illegal to publish a story that accuses a county sheriff of breaking the law.
Please address the following questions using IRAC. Don't forget to look for relevant defenses, where applicable. Use the subject matter from Modules One through Three.
1.If CowPieOh sues Newsbreaker, which TWO lawsuits is he most likely to file, and would they be successful. Why or why not?
2.If Mava CowPieOh sues Newsbreaker, which lawsuit would she most likely file and would she succeed? Why or why not?
3.Is the state law that makes it a crime to publish a story that accuses a county sheriff of breaking the law constitutional? Why or why not?
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