Legal Issues in Sports

Question 1: The Reveille claims that its article about Fitzgerald is not defamatory because it merely reported true facts about his whereabouts surrounding the events that occurred on October 1, 2019. Please assess the Reveille’s argument and determine whether the allegations against Fitzgerald are defamatory. Question 2: If you find that they are defamatory, are they libel per se? Why or why not? What is the significance of finding that allegations are libelous per se? Question 3: The Reveille argues that Fitzgerald is an all-purpose public figure for the purposes of the lawsuit. Fitzgerald argues that he is a private figure. What standard of fault will Fitzgerald have to prove in his libel case against the Reveille? Fully explain the standard of fault required and the legal basis for your conclusion. Make sure to identify and define all key terms. Question 4: What affirmative defense does the Reveille have against Fitzgerald’s defamation claim? Explain the basis of the claim, and what the Reveille will have to prove to prevail on this defense. Question 5: In addition to the defamation claim, Fitzgerald also brings a false light invasion of privacy lawsuit against the Reveille. Please fully explain what Fitzgerald will have to prove to win a false light claim, and explain how his claim differs from his defamation claim. (You do not need to apply the standard to the facts).

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