Re: Case Studies

     I hesitate to get too deeply into the arcane rules of defamation --I'll let Sheldon correct me. But, come on Don, why do we academics think that we always have a privilege to do something that other's can't? Is it because education is more important than say newspapers reporting on our office holders? In defamation cases, newspapers are always saying that they weren't claiming the truth of the allegations , the were just reporting them. But, except in a couple of cases of reporter's privilege, the claim is unsuccessful. Sheldon is of course right that now with fault based liability some of these issues are considerably moderated. But let's say that you find a juicy newspaper clipping from Nexis about one of your students. The article is 4 years old and was printed in a state some distance from the College. You now walk into class (its a Torts Class right?), read the article, and ask "Is this a defamation?" Liable? I should say someone at my school did find such a clipping about a current student and pinned it up on the bulletin board. Any difference? Given that you could always use the example WITHOUT the name of the individual, why should your activity be privileged? Sheldon, I'll wait for you to correct me.

Harvey Perlman
U. of Neb. Law College Received on Tue Feb 01 1994 - 04:01:03 GMT