what is the issue in the case described in Case Problem 7 on page 6-42 (page 140). ISSUE of the case from the brief F_I_R_A_C.

I will only need the ISSUE?

Part Two Crimes and Torts 6-42 the LAT wire service dispatch h relevant to Kipper, tent 7. Dr. David Kipper filed er filed a defamation lawsuit in a New case, the editor testified that "this is not the king"! story that [the Post] would have expected a repoll out 1 York trial court against NYP Holdings Co. (NYP). capt the owner and publisher of the New York Post. Kipper to do additional research [on]." Upon completion based his case on an article in the December 7, 2003, the discovery phase in Kipper's defamation law neve edition of the Post. The article was an 8-paragraph "re- against NYP, the defendant moved for summary write" of a 98-paragraph article taken from the wire ment. Assume that Kipper is a public figure. We tio tio service of the Los Angeles Times (LAT). The LAT First Amendment-based fault requirement must article described rock musician Ozzy Osbourne's al- proved in order for Kipper to win the case? In light ha legations that his former physician, Kipper, had over- the facts, which party should win the case? How would the analysis change if Kipper were a private figure? the prescribed various medications to him during the time that Osbourne starred in a television reality series. In addition, the LAT article accurately stated that the 8. The late Evel Knievel, a motorcycle daredevil, acquired California Medical Board had "moved to revoke" Kip- considerable fame as a result of his widely publicized per's license because of his alleged gross negligence and dangerous stunts during a career that began in the in the treatment of other patients. However, the Post mid-1960s. Knievel's exploits have been featured in sex. article, which appeared under the inaccurate headline eral books and movies and in a Smithsonian Museum exhibit. Prior to his death in 2007, Knieve "Ozzy's Rx Doc's License Pulled," contained an error. Knievel served as an Despite clearly indicating that it was based upon LAT advertising spokesman for various well-known corpor. reports, the Post rewrite incorrectly stated that "the ations. He also devoted considerable time to the pro state medical board revoked Kipper's license." NYP motion of antidrug and motorcycle safety programs. In later conceded that this statement was false and de- 2001, ESPN held its Action Sports and Music Awards famatory, and published a "Correction" in response to ceremony. Celebrities from the field of "e a retraction demand from Kipper's attorney. sports attended, as did famous rap and heavy-metal The circumstances surrounding the erroneous state- musicians. Knievel, sometimes known as the "father of ment in the December 7 article were not entirely clear extreme sports," attended along with his wife, Krystal. During the evening of December 6, a Post editor as- In one of the many photographs ESPN arranged to signed the task of rewriting the wire service story to a have taken at the ceremony, Knievel was pictured with reporter, Lyle Hasani Gittens. Gittens testified at a de- his right arm around his wife and his left arm around position that he did not recall writing-and did not think an unidentified woman. Knievel was wearing rose- he wrote-that Kipper's license was revoked. Gittens tinted sunglasses and a motorcycle jacket. The photo- speculated that the error might have occurred during graph of the Knievels and the unidentified woman was the editing process. After Gittens prepared the rewrite, one of 17 photographs that ESPN published on the he transmitted it to an electronic "basket" where it was Green Carpet Gallery section of its EXPN.com web- reviewed by an editor. Gittens was aware that editors site. That site featured information and photographs sometimes made stylistic changes to the text of arti- concerning motorcycle racing and various other "ex- cles. He denied having any knowledge that Post editors treme" sports. The Green Carpet Gallery section was deliberately changed the facts of stories. The editor re- devoted to pictures of celebrity attendees of the Action sponsible for editing Gittens's rewrite testified at his deposition that he would "never deliberately" falsify Sports and Music Awards ceremony. A viewer who information pertaining to a doctor's licensure, but that clicked on the Green Carpet Gallery icon was first he could not offer any specific details pertaining to his directed to a photograph of two men grasping hands, review of the rewrite. Following the editor's review, the with an accompanying caption stating that "Colin article then went to the copy desk, where, among other Mckay and Cary Hart share the love." By clicking on ings, the story's headline was written. the "next" icon, the viewer could scroll through the The sole source material for Gittens's rewrite was the remaining photographs and corresponding captions. AT wire service story. Gittens testified that the Post A photograph of a woman in a black dress had this metimes reprints stories disseminated on reputable caption: "Tara Dakides lookin' sexy, even though we e services (such as that of the LAT) verbatim, and all know she is hardcore." Another photograph showed t additional research regarding the factual accuracy a sunglasses-wearing man, with a caption stating that uch stories is not generally undertaken. Regarding "Ben Hinkley rocks the shades so the ladies can't see him scoping." The photograph of the Knievels was the