1. Using IRAC format, what two lawsuits would Mark Kelly most likely file against Robbie Reporter and would they be successful?

The answer to this question must contain the following:

Libel elements: you correctly identified libel as one of the two causes of action. You also included the seven elements of a libel claim, applied the facts of the case to those elements and concluded that they were all present.

Actual malice: you correctly identified actual malice as being required in this case, because Mark Kelly is a public figure. You also concluded that actual malice exists, because the reporter was told by the Kelly campaign that the accusation was false, but reported it anyway.

Libel defense: you identified neutral reportage as a defense to this libel claim and concluded that it would protect Robbie, even though all seven elements of libel are present, as well as actual malice.

False light: you correctly identified false light as one of the two claims Mark Kelly would likely file against Robby Reporter. You also included the five elements of a false light claim and concluded that they exist here.

False light defense: you identified neutral reportage as a defense to this false light claim and concluded that it would protect Robbie, even though all five elements of false light are present.

Here is the information for assignment:

President Trump holds a campaign rally in Phoenix, Arizona. It is a campaign event and not an official presidential visit. During the rally, Trump makes the following statement:

"You have a red-hot Senate race here in Arizona. On one side, you have Martha McSally, a decorated fighter pilot. On the other side, you have Mark Kelly, who was court-martialed because he was found to be working for China!" The statement is false. Kelly was not court-martialed and never worked for China.

Robbie Reporter works for the local CBS TV station and is assigned to cover the rally. In his story, Robbie includes the clip of Trump making the statement about Kelly. Robbie reaches out to the Kelly campaign and they tell him the statement is false. He includes their statement in the story as well. But the false statement does some damage and Kelly's poll numbers drop.

During the rally, Phoenix police enforce a city ordinance that requires political protesters to stay one mile away from the location of a presidential speech.

Meantime, one of Trump's supporters decides to make some money off this scandal. He designs a T-shirt with Kelly's image and the logo, "China Mark" over the image. The supporter sells 500 shirts the first day.