Question
Patrick is a former college professor who is now an inmate in State Prison. Patrick is one of 25 inmates housed in Cellblock D -
Patrick is a former college professor who is now an inmate in State Prison. Patrick is one of 25 inmates housed in Cellblock D - a recently-built wing that is noticeably nicer than the rest of State Prison. Cellblock D cost a great deal of taxpayer money to construct and has been the subject of much attention in the local media. Deborah is a local reporter who was writing a newspaper article about the local prison system. While researching the article, she received a tip from one of her regular informants about Cellblock D. Armed with this information, she immediately wrote and mailed a letter to Patrick - who was one of her journalism professors in college - which stated, in pertinent part, the following:
I am writing an article about the preferential treatment of certain inmates at State Prison.Recently, I have come to learn about Cellblock D - where FBI informants are housed so that they can serve out their prison terms in luxury. Please contact me at your earliest convenience as I would like to interview you for my article.
All prison mail is opened upon its receipt at State Prison. As part of this well-known security protocol, Deborah's letter to Patrick was opened and screened by prison security. The letter was then placed, open, on Patrick's bunk. Patrick's cellmate, seeing the open letter, read it, became angry and repeated the letter's contents to other inmates. None of the inmates in Cellblock D is an FBI informant.
- Does this fact pattern include a defamatory statement? Explain your answer.
- If you identified a defamatory statement, was it published? Explain your answer.
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