John has just learned that the latest issue of The Blurb, the local school newspaper, has referred to him as a "liar, cheat, and a lousy student." In fact, John is only a lousy student; he is a very honest person. Explain in detail what theory John can use to recover damages from The Blurb. What defenses are available to the newspaper?
On the claims that he was a liar and cheat, John would sue for defamation in the form of libel. A private plaintiff can recover for defamation from a media defendant if the defendant acted with knowledge, acted in reckless disregard of the facts, or was negligent in failing to ascertain the facts. If the plaintiff proceeds on a negligence theory, unless he can prove malice, he must prove actual damages, such as loss of business or out-of-pocket costs. If he can prove malice, actual damages are presumed.
Regarding the assertion that he is a lousy student, John would lose in a defamation action because of the truth of the statement. He could possibly prevail on a claim of public disclosure of private facts on the basis that the matter is not newsworthy.
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