bus624 w2d2-6

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School

Ashford University - California *

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624

Subject

Law

Date

Jan 9, 2024

Type

docx

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1

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"Defamation is ordinarily defined as the (1) unprivileged (2) publication of (3) false and defamatory (4) statements concerning another." (Prenkert et al., 2022, p. 6-13). Because the local newspaper printed and wrote defamatory comments regarding Jones, they are considered libel. "Libel refers to written or printed defamation or to other defamation having a physical form, such as a defamatory picture, sign, or statue." (Prenkert et al., 2022, p. 6-13). As the defendant, the newspaper could argue that there was reason, truth and that they did not act with malicious intent in their column on Jones in order to avoid defamation liability. Depending on how well Jones can counter their defenses will determine if Jones will win the defamation case or not. If the court finds that the statements were fair, substantially true or not made with any malice, they may rule in favor of the local newspaper. If Jones can successfully prove against there was no truth or malice intent behind their statements, then they may be able to win the defamation case. In defamation cases, the courts must balance First Amendment rights against the protection of people's reputations. References: Prenkert, J. D., Barnes, A. J., Perry, J. E., Haugh, T., & Stemler, A. R. (2022). Business law: The ethical, global, and digital environment (18th ed.). McGraw-Hill.
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