Do You Think Plaintiff That Freddie Is A Private Figure Under US

Questions: Do you think Plaintiff Freddie is a private figure or public figure under U.S. defamation law? Please explain your answer and cite the relevant standard or authority. Rec. 300 words) Freddie can arguably be considered a private figure under U.S. defamation law. Freddie's status as a private figure is underscored by the fact that his involvement in the controversies surrounding allegations of being a bully, facing domestic assault charges, and being a Mexican operative is not central to his public-facing role. In Gertz v. Robert Welch, Inc. the court held that individuals who have not achieved pervasive fame or notoriety and are not central figures in a public controversy should be classified as private figures for defamation law.

The statement that Freddie was charged with domestic assault could be defended on the grounds of truth and substantial truth. The defense of truth is an absolute defense to defamation claims, meaning that if the statement is true, it cannot be defamatory. The defense of substantial truth holds that minor inaccuracies in the statement do not invalidate its truthfulness, as long as the gist or substance of the statement is accurate. Since the core fact that Freddie faced charges of domestic assault is true, this defense could be quite strong. Defending the statement regarding Freddie's alleged history as a "bully" could also rely on truth or substantial truth. If Jane can demonstrate through evidence such as witness testimony, documented incidents, or credible reports that Freddie has engaged in behavior consistent with bullying, this could provide a strong defense. However, if the term "bully" is vague or subjective and lacks concrete evidence to support it, Freddie's defamation claim may hold more weight. The strength of this defense depends on the evidence the reporter used to support the characterization of Freddie as a bully. Defending against the assertion that Freddie is a "Mexican operative" may primarily rely on proving the statement is a protected opinion rather than a statement of fact. Opinions are generally protected from defamation claims because they cannot be proven

Several student journalists, upset by this, decide to form their own company, “We Speak,” and to prepare a documentary film telling the story about Freddie’s tactics and Jane’s ordeal, titled “Unsocial Media.” The students raised money for the project by soliciting paid sponsorships. Sponsors are to be acknowledged at the beginning of the film and at the end. In advance of release, the students create a website thanking sponsors and inviting further advertisers. Freddie learns of this and immediately files two separate legal actions—a lawsuit to enjoin, or stop, the release of the film, and a lawsuit for misappropriation of his name and likeness for commercial purposes. Do you think that Hatchet State University violated the First Amendment rights of the students when it restricted news coverage? Why or why not? Please explain your answer and cite the relevant standard or authority. Rec. 300 words) While prior restraint is generally disfavored under the First Amendment, courts have recognized certain circumstances where restrictions on speech may be permissible. The relevant standard in this context is whether the student newspaper operates as a public forum, which would prohibit censorship. In Hosty v. Carter (2005), the 7th Circuit emphasized the importance of determining whether the