Kylie and Scott were getting divorced. They had two young children. The divorce was particularly complex and
Question:
Kylie and Scott were getting divorced. They had two young children. The divorce was particularly complex and acrimonious. During the course of the divorce, Kylie argued that she should get custody of the children because Scott had sexually abused the children when they were younger. Scott denied the abuse allegations and argued that Kylie was an unfit mother because she had a nasty temper and drank too much. After many months of litigation, the court eventually awarded custody of the children to Scott. The local newspaper ran a story about the divorce and custody ruling with this headline: Losing custody to a "child molester". Scott then sued the paper for libel.
Analyze and discuss whether Scott has a viable libel claim. What element(s) would matter most in deciding whether Scott might win or lose?