A Brief Note On The Article

Submitted By groybal
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Assignment 4-Case Study
The issue in this case is that Gordy is claiming that by the writer publishing the article in this publication that it was defaming and interfering with his life in the place where he resides. Even if the article was intended for a New York magazine, there was a small publication that went out in Gordy’s home state. He claims even though there was only a small amount of issues that went out in California this was going to be harmful to him.
The primary argument for the plaintiff was that his character was being defamed. He was worried that by this article being published in this publication that even if a small portion of it circulated in California that it would tarnish his reputation. The defendant is claiming that because a very small percentage of copies went out that this would not affect Gordy.
The rules of the law that the court used when making its decision was that the first amendment right didn’t have relevance in this case and that The Daily News used defamation against the plaintiff. Defamation is an untrue statement by one party about another to a third party. Slander is oral or spoken defamation, and libel is written (and in some cases broadcast) defamation. The elements for defamation are (1) a statement about a person's reputation, honesty, or integrity that is untrue; (2) publication (accomplished when a third party hears or reads the defamatory statement), (3) a statement directed at a particular person; and (4) damages that result from the statement. (Twomey, Jennings. 2012, pg 193).
The courts rationale for the ruling is that “The Daily News and Rush have not made a compelling case that
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