You are employed in management for the Miamisburg Mudslinger, a local tabloid newspaper that frequently reports on the seedy underbelly of the Miami Valley. Last month the Mudslinger published a story alleging Victoria Vixen, a local television newscaster, has been engaged in an illegal sexual relationship with a 15 year old boy. The article s assertions were based on a number of photographs taken of Victoria and the boy entering and leaving her home at all hours of the night, including a photo of the two individuals kissing in a rather vigorous fashion. The article resulted in Victoria being fired from her job as a newscaster, though she has since taken up work as a high school teacher and dancer for the local semi-pro hockey team. Victoria has recently asked her Twitter followers, "Should I get a lawyer and sue?" Analyze your risk of being sued and whether it s time to call the business lawyer.
a. Define defamation. For each element Victoria has to prove to win her case, identify at least one piece of factual evidence Victoria will use to prove that element.
b. Identify two legal defenses you could raise on behalf of the Mudslinger to defeat Victoria's claim. Define the two defenses, apply them to the facts, and state your conclusion.