Question
Derrick McNally is an undercover reporter for his university newspaper who uses the alias Scoops. He becomes involved in an escalating prank war with a
Derrick McNally is an undercover reporter for his university newspaper who uses the alias Scoops. He becomes involved in an escalating prank war with a fellow classmate who is a member of the student government and well known at school, Bo Manderson. Most recently, Bo took a glue gun and used it to stick one sock from every pair that Derrick owned to the ceiling of his dorm room. Derrick was incensed by this as all of his socks were ruined. An article ran then next day in the university paper claiming that Bo was failing out of school due to excessive partying and included a picture of someone who looked exactly like Bo drinking at a party from earlier in the semester. The article ran under Scoops byline. Derrick had come across the photograph in Bo's apartment and took it to run in the article that he made up to get back at Bo over the glue gun incident. Unknown to Derrick was that Bo's twin brother - David - was visiting that weekend and the picture was actually of him. Bo is actually passing all of his classes and doing well in school. Please answer the following questions and remember to explain how you reached your answer: a. What is a claim of defamation and what are the elements necessary for a Bo to establish a prima facie case under these facts? b. Can an argument really be made that Derrick defamed Bo? Why or why not? What defense(s), if any, could Derrick claim in this situation? In answering this question - if there any court opinions found in the slides or text that impact your decision then please reference and include a discussion of them in your responses.
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