Sally Smith, the leader of a women's rights group in Wayne County, is a resident of Wayne, Nebraska. She was the mother of 18-year-old Barry Smith. Barry lived at home with his mother, while attending Wayne State College. On Barry's 16th birthday, his mother took out an insurance policy on him in the amount of $1 million. Sally Smith named herself as the insurance policy's beneficiary. Two weeks after his 18th birthday, Barry died mysteriously of a heart attack.

Sam Shoeless, a reporter for The Wayne Star (a Wayne County publication), discovered the existence of the insurance policy on Barry's life. Also, Shoeless gained access to the coroner's unofficial, preliminary report, which stated that Barry may have died as a result of poisoning, possibly administered through Barry's food over a period of several months. Shoeless spoke with Sgt. Rally Ripken, an officer with the Wayne County Sheriff's Department. Sgt. Ripken did not participate in the investigation of Barry's death. He told Shoeless the following: "I would not be surprised if Sally Smith were to become a suspect in Barry's death and to be charged with murder by tomorrow." Reporter did not verify this information. Reporter did not speak with either the coroner or Sally Smith. The next day, The Wayne Star ran the following story on page one of its local section:

Barry Smith, the son of Sally Smith, a prominent women's rights activist in Pueblo, died yesterday of a mysterious heart attack. Foul play is suspected in his death, and Sally Smith, 53, is a suspect. A reliable source confirmed that Smith will be charged with his murder in the near future.

Angered by the Star's allegations, Sally Smith wrote the Star a scathing letter and requested a retraction. She was neither charged with nor arrested for her son's death. After an autopsy, the coroner's official report stated that Smith's heart attack was caused by a rare heart condition. The Star printed a retraction after release of the official autopsy report. Sally Smith would like to file suit against the Star.

In your analysis, answer the following questions:

Does Smith have a case?

What does she have to prove?

What are the anticipated defense(s) by the Star.

What will the defendant argue?

Discuss the likely outcome of such litigation, including analysis of the plaintiff's status