Amy, a prominent women’s rights activist, is a resident of Yuba City, California. She was the mother of Benny, who was 18 years old. Benny lived at home with Amy, while attending Community College. On Benny’s 15th birthday, Amy took out an insurance policy on Benny in the amount of $1,000,000. Amy named herself as the insurance policy’s beneficiary. Two weeks after his 18th birthday, Benny died mysteriously of a heart attack. Reporter, who works for The Daily Breeze (Yuba City’s daily newspaper), discovered the existence of the insurance policy on Benny’s life. Reporter also gained access to the coroner’s unofficial, preliminary report. The report stated that Benny may have died as a result of poisoning, possibly administered through his food over a period of several months. Reporter spoke with Officer Oren, an officer with the Yuba City Police Department who did not participate in the investigation of Benny’s death. Officer Oren told Reporter the following: “I would not be surprised if Amy were to become a suspect in Benny’s death and charged with murder by tomorrow.” Reporter did not verify this information. Reporter did not speak with either the coroner or Amy. The next day, The Daily Breeze ran the following story on page one of its local section:
PROMINENT MOM SUSPECTED IN SON’S DEATH
Benny, the son of Amy, died yesterday of a mysterious heart attack. Amy is a prominent women’s rights activist and resident of Yuba City. Foul play is suspected in Benny’s death and Amy is a suspect. A reliable source confirmed that Amy will be charged with Benny’s murder in the very near future.
Angered by The Daily Breeze’s allegations, Amy wrote The Daily Breeze a scathing letter and requested a retraction. Amy was neither arrested nor charged with Benny’s death. After an autopsy, the coroner’s official report stated Benny’s heart attack was caused by a rare heart condition. The Daily Breeze printed a retraction after the official autopsy report was released.
Amy would like to file a defamation suit against The Daily Breeze. She comes to you for legal representation.
a. Discuss the cause(s) of action available to Amy along with anticipated defense(s) available to The Daily Breeze, i.e., what are the components of a defamation claim? Be sure to define defamation, libel, negligence, actual malice standard, etc.
b. Identify a minimum of three precedent cases related to this type of case.
c. Discuss the likely outcome of such litigation.