You are a trial judge assigned Fremont V. Dooley. You have heard the case and you will decide the case in one of the following ways: For the plaintiff FremontFor the defendant DooleyOr declare the case dismissed.What will be the basis of your decision? Consider the law, the evidence, as well as what is the best interest of fairness and justice.

Fremont v. Dooley Arthur Dooley, a tenant in a large apartment building, had several grievances with the building's manager, Otis Fremont. Dooley designed a one-page flyer 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 flyer at his print shop for distribution to other tenants in the building. On his way back from theprint shop, Dooley met Fremont by chance and, after a lengthy conversation, they settled their differences. The flyers were not mentioned. Although Dooley intended to destroy the flyers when he returned to his apartment, he was struck by a unidentified teenager riding a skateboard and the flyers were scattered by the wind. Many of the flyers were read by other persons, and Fremont filed suit for libel