GOLDEN GATE UNIVERSITY

School of Law


Final Examination December 11, 2001
 Defamation and Privacy Professor Jones

INSTRUCTIONS


This is a closed boob exam. Please abide by all that that implies.

 You have three hours to complete this exam. It consists of three parts, all arising from a single group of facts. You must answer parts I and II. Part III is optional. I will read parts I and II together and assign a grade to them. After reading the entire stack of exams, I will read parts I, II (and III, if addressed) together and assign a grade to them as if all three parts had to be addressed. I will credit you with whichever grade is higher.

 I recommend that you take the time you need to do your best on parts I and II. If you still have almost an hour left, then you should address part III on a separate blue book.

 Write your answers as if this were the California Bar Exam. Organize thoroughly; use headings frequently. Prefer quality to quantity; avoid lengthy introductions and discussions not responsive to any question asked. Save time by not repeating a point made earlier; simply refer to your prior discussion and indicate how it applies to your present discussion. On the other hand, respond fully to the questions asked and discuss fully all debatable issues.

 Answer the questions according to legal theories and principles of general application accepted today in American courts. It is not important to know the sources of law that support your answer. But if you do recall the popular name for a source of law that a California Bar Exam reader is likely to know, such as a U.S. Supreme Court case or the Restatement, it helps to add it to your essay. (The danger is that your effort to recall the name of a case or the fact pattern that gave rise to the opinion will divert valuable time and distort your analysis.)

 I look forward to reading your essays.

 1

Rich inherited $1,000,000 ten years ago. He moved to Town and opened a book store that featured books by politically liberal writers. Four years ago, he spent $80,000 of his own money in his successful campaign for mayor of Town. The most controversial issue his administration faces is whether to approve Mallco's application to build a huge shopping mall in Town. Rich uses his influence to oppose it, but the application was still unresolved when Rich announced he was seeking a second term for mayor.

 One of his supporters is Libby. She is a politically liberal attorney in Town, specializing in representing women who seek divorces. Recently, she represented Connie, a well-known conservative, in obtaining a divorce from her husband, without revealing to anyone the content of the statement Connie made to her in preparing for the divorce: "I had a love affair with Pop, a police officer and the married father of two children. My husband never suspected it. Please don't tell anyone."

 After her divorce was finalized, Connie announced that she was running for mayor of Town. She made campaign speeches to many groups that invariably concluded as follows:

Malcolm ("Mac" for short), the president of Mallco, agreed with Connie's speeches. He donated $100,000 to Connie's election campaign, which was more than any candidate in the history of Town had ever spent in running for mayor. When Libby learned of Mac's payment to Connie from public records, she wrote a letter to Ed, the editor of News, a local newspaper that was delivered daily to most of the homes in Town. The letter was printed in News just as Libby had written it, as follows:
 Rich versus Connie
Editor,

 I share Mayor Rich's concerns over Mallco's application to build its huge mall in our wonderful Town. Environmentalists and economists agree that it will disrupt neighborhoods, cause undue noise, litter and congestion, make us more dependent on buses and cars, and drive locally owned stores out of business so that cheap chain stores can send their profits to their corporate owners far, far away.

 Connie should heed her own advice and take full responsibility for her actions. She literally tooth a bribe for $100,000 from Mallco to insure speedy approval of its application. And when she was married, she carried on an extra-marital affair with another married man. What can we expect of her if she takes the oath of office?

 Vote for Rich. Yes, he is wealthy, but he accepts "campaign contributions" from no one. He does not depend on special interests; he is beholden to no one.

 LIBBY, Attorney at Law
 Town, State, USA

 It is a serious crime to offer or accept a bribe. Ed seriously doubted that Mac's payment of $100,000 to Connie was a bribe. Furthermore, Ed had never heard anyone say that Connie had ever had an extra-marital affair, even though he had seen Connie and Pop drinking coffee together at the Cafe.

 In printing Libby's letter, Ed was following the policy that he himself had begun when he became editor of News. Of those letters that Ed decided to print in the Letters to the Editor page of News, the page made clear to the readers that News did not necessarily endorse the views expressed in them, and that the News made no attempt to check their accuracy. Nevertheless, Ed feared being sued over Libby's letter.

What are the rights of Malcolm (Mac) against News? Discuss.

What theories of liability should Connie assert if she were to sue Libby and News? What outcomes would you predict? Discuss both questions on the assumption that Connie did have an extra-marital love affair with Pop.

                          III

                  (Optional. See Instructions.)


Would Pop prevail if he were to sue News for defaming him? Discuss on the assumption that neither Pop nor News could prove either way whether Pop did or did not have an extra-marital love affair with Pop.

 4