Re: Case Studies

> > harvey perlman wrote:
> >
> 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.

I addressed some these issues in a prior response to Sheldon. Part of my response is predicated on how I would advise a conscious academic to behave. In the hypo that you gave I would advise that academic not to use that hypothetical even without the name. On the other hand, the teacher were discussing the current law of libel and a particular case was of pressing importance (The recent New Yorker article about the pyschiatrist) then I would say one can not discuss the issue without dealing with the express allegations. I would predict that a court would not find the instructor libel.

  Don Berman --  

     +--------------------------------------------------------+
     |  Donald H. Berman            |          (617) 373-3346 |
     |  Richardson Professor of Law |     FAX: (617) 373-8793 |
     |  Northeastern University     | Internet:               |
     |  School of Law               |      berman[_at_]ccs.neu.edu |
     |  400 Huntington Ave.         |                         |
     |  Boston, MA 02115            |                         |
     +--------------------------------------------------------+