Considering the case problem circumstances, how would you define the legal status (type of figure: public or private) ofeach litigant? Why? U.C.C.

Find, apply & supportfrom caselawthe properlegal tests. [See theLimited-Purpose Public Figure Test below after TASK SIX.] Use legalcase reasoning andfacts from the case problem tosupportall claims. U.C.C. You have15 minutes. P.S.: For this case, the "issue that gave rise to the defamation" is the abortion issue in the U.S.

The Birth Control Cooperative, a non-profit agency in Acme, UT, dispenses information and provides counseling about a variety of birth control options, including abortion. As such, right-to-life anti-abortionists targeted it with a picket campaign for several days.

Marge Wilson and Derek Noble are co-directors of the cooperative. They also frequently give speeches, appear on panel discussions, and hold press conferences representing the pro-choice point of view concerning the abortion issue. Volunteers staff the office.

Prodded by right-to-life forces, the Acme Argus, a local newspaper, undertook an investigation of the cooperative and how it spent $75,000 in United Way charities money it received in 2011. The Argus reporter interviewed three people for the story. Reverend John Peter Halsey, a pro-life activist, was part of the protest group that picketed the cooperative. Emma Candless is an accountant for Sacred Life Charities, which also received United Way funding.

"Something isn't right with the Birth Control Cooperative," Candless was quoted. "It doesn't pass the smell test."

The third interviewee was Dan Petroclus, the local United Way chief operating officer, who confirmed the Birth Control Cooperative did receive $75,000 in United Way funds for 2011. The Argus did not interview any employee or volunteer of the Birth Control Cooperative.

After the one-day investigation, the Argus published a story naming and accusing the cooperative's co-directors, Noble and Wilson, of diverting almost $25,000 of United Way money for personal use. The Argus based its accusation on "reasoned extrapolation of the facts gained from the inquest." A picture accompanied the story that showed Wilson and Noble leaving the co-op.

Marge Wilson's previous employment experience included volunteer and paid public relations work with two other non-profit organizations and six years as a P.R. practitioner with an insurance company. She resigned from the insurance position, before being asked to leave, due to an ethical disagreement with her boss. "Procedurally, we didn't see eye to eye," said her former boss.

Derek Noble's professional career was entirely in the non-profit sector. He worked his way up from volunteer at several charities to paid positions that culminated in his selection as co-director of the Birth Control Cooperative. In 2010, Noble won the Acme, UT, Charities Director of the Year award .

Joan Boston was also in the picture. She was coming out of the co-op's front door behind Wilson and Noble. You can clearly see her face. Boston's only connection to the Birth Control Cooperative is that she volunteered 15 hours a week as a receptionist who answered the phone, directed calls, scheduled counseling appointments, and distributed printed or online information/literature to people requesting specific birth control information by phone, email, or who came to the office. Boston did not converse with requesters, i.e., she did not comment on or provide any opinion on any birth control information she distributed. The Argus story did not name or discuss Boston in the article.

The cutline under the photo said: "These leaders of the Birth Control Cooperative have been using charitable donations for personal spending money, according to an Argus investigation."

It turned out the story was incorrect. No one diverted any money for personal use. Both Wilson and Noble sued for libel. In a separate action, Boston also sued for libel.