Jessica Jones:
Jessica Jones is a fan, Twitter tweeter, and blogger of the reality show “Real Housewives of Miami.” In response to the news that a woman by the name of Lisa Hochstein was on the show, Jessica tweeted and blogged that, “Lisa was an escort and made porn movies in Vegas.” She also placed the same comment in a section of an entertainment news website. In response to Jessica’s blogs and tweets, there have been over 10,000 responses. A woman by name of Sharon Tischer reposted several of Jessica’s blogs on her Twitter account. “The Real Housewives of Miami” star Lisa Hochstein responded on her Twitter account that, “She does NOT have sex for money!” Lisa Hochstein also announced that she would be suing Jessica Jones and everyone who responded to and re-tweeted Jessica’s tweet. Lisa Hochstein said she suffered “severe emotional distress” after Jessica blasted her in the comment section of an entertainment news website. Jessica Jones said she was protected under the First Amendment, and besides, Lisa is a public figure. Be sure to address the following questions in your response:
1. Should Lisa be treated as a “public figure”? Does it matter whether she is a public figure?
2. What does Lisa have to prove in order to succeed in her lawsuit?
3. What role does the First Amendment play in all of this? Does it trump defamation law?