The three most important points in this case are Fremont does not have a criminal record ,defamation,and intent. WHY no criminal record?

Arthur Dooley, a tenant in a large apartment building, had several grievances with the building's manager, Otis Fremont. Dooley designed a one-page flier in which he asserted, "Fremont has a long record of criminal convictions as a landlord." Fremont had received three notices of violation from the local housing commission in the past two years for inadequate lighting and locks. The commission had then threatened to seek a court order requiring correction of the violations, but dropped the matter when Fremont made the necessary repairs. Fremont has no criminal record. Dooley made 200 copies of the flier at his print shop for distribution to other tenants in the building. On his way back from the print shop, Dooley met Fremont by chance and, after a lengthy conversation, they settled their differences. The fliers were not mentioned. Although Dooley intended to destroy the fliers when he returned to his apartment, he was struck by a unidentified teenager riding a skateboard and the fliers were scattered by the wind. Many of the fliers were read by other persons, and Fremont filed suit for libel. There are three