Gene Green, a Widely Published Professor of Accounting, Is Suing

Gene Green, a widely published professor of accounting, is suing the Daily Caper, the campus newspaper, for libel. The paper reported on its web site that Green was being investigated by a campus committee for drunken behavior and harassing secretaries. The Caper's web site quoted an anonymous source saying rumors had circulated "for years" about Green's "undisciplined and offensive behavior." An unnamed member of the accounting department tells the Caper that Green is "one buttoned down horny dude." Green is a respected scholar who served eight years ago for a brief time in Washington as assistant deputy director of a government agency.
University regulations provide that complaints and grievances will be heard in closed session by the University Disciplinary Tribunal. But usually reliable anonymous sources tell the Caper the chair of the accounting department-to save time-appointed a temporary committee of five faculty to investigate the rumors. However, the department committee dropped the inquiry after two meetings when the members could not get students, secretaries, or other faculty to testify. No one filed charges or formal complaints against Professor Green. No one will talk to the newspaper on the record. Just before publication, the dean of the business school called the Caper to warn that the damaging rumors about Green were being circulated by an administrator who was jealous of Green and hoped he would be driven from campus. Thirty percent fewer females signed up for Green's classes after the web stories were published.
Green files suit claiming that the Caper defamed him by publishing false accusations about drunken and harassing behavior. Green says the paper published with negligence. Caper's attorney argues the Caper did not defame Green by publishing the "opinion" of many students and staff on campus that Green sometimes appears drunk and harasses women. The Caper also argues the paper has a qualified privilege to publish fair and accurate reports of the department investigation, just as it would have a privilege to make accurate reports of a legislative committee investigation or a court proceeding. Furthermore, the paper argues, Green cannot successfully sue because he is a public figure who cannot prove actual malice, as he must.
Explain (1) whether Green has a good chance of establishing that he was defamed. Then discuss the Caper's defenses, including (2) the paper's claim t at it published protected opinion, (3) that the paper has a qualified privilege to report the investigation, (4) that Green is a public figure and (5) that the paper did not publish with negligence or actual malice. Provide definitions and case examples as appropriate.

Correct Answer:

Verified

Unlock this answer now
Get Access to more Verified Answers free of charge

Access For Free