Question

Eileen D’Agenster told the members of her discussion group in her BLAW class that classmate Ben Tover, just got arrested for shoplifting at the College Bookstore. If Ben sues Eileen, which of the following describes the best defense that she can raise against the claim?

Eileen D’Agenster told the members of her discussion group in her BLAW class that classmate Ben Tover, just got arrested for shoplifting at the College Bookstore. If Ben sues Eileen, which of the following describes the best defense that she can raise against the claim?

Freedom of speech

The fact that the shoplifting occurred off campus at the 7-11 and not at the Co-op.

The fact that only 6 or 7 people heard her say it.

The fact that Ben DID get arrested for shoplifting at the College Bookstore.

The fact that no one really cared

Answer 1

The best defense that Eileen can raise against Ben's claim is freedom of speech.

Step-by-step explanation:

Freedom of speech is a fundamental right protected by the First Amendment of the United States Constitution. In this case, Eileen shared information about Ben's arrest during a discussion in her BLAW class, and her statement is likely protected as free speech. However, it's essential to consider the context and potential limitations on this defense. While freedom of speech generally protects individuals from government censorship, there are situations where it may be limited, such as if Eileen's statement is proven to be false and damaging, constituting defamation. Nonetheless, as a starting point, Eileen can argue that her statement was an exercise of her right to free speech.

It's crucial to note that the other options presented as potential defenses have shortcomings. The location where the shoplifting occurred, the number of people who heard the statement, and whether anyone cared are generally not relevant to the legal defense in a defamation case. The fact that Ben did get arrested at the College Bookstore, while true, does not automatically absolve Eileen of potential liability for making damaging statements. Therefore, in this situation, asserting freedom of speech is the most viable defense for Eileen.

In summary, Eileen's best defense against Ben's claim is grounded in the protection of freedom of speech, emphasizing her right to express information and opinions within the legal bounds of the First Amendment.

Answer 2

The best defense that Eileen can raise against the claim is the fact that Ben DID get arrested for shoplifting at the College Bookstore.

Step-by-step explanation:

Eileen's best defense lies in the truth of her statement. If Ben Tover did indeed get arrested for shoplifting at the College Bookstore, then her statement is factually accurate. Truth is a strong defense against defamation claims. In a defamation case, the defendant can often avoid liability by proving that the statement in question is true. Eileen should gather evidence, such as the arrest record or any official documentation, to support her claim that Ben did engage in shoplifting at the College Bookstore. This evidence would be crucial in establishing the truth of her statement and defending against any potential defamation claim.

Moreover, public interest in the matter could also be a factor. If the arrest is a matter of public concern, it may further strengthen Eileen's defense. However, it's important to note that the truth defense might not apply if Eileen made false statements or presented information with a malicious intent to harm Ben's reputation. Therefore, the key to her defense lies in the accuracy of her statement and the ability to substantiate it with evidence. In legal terms, this defense aligns with the principle that truth is an absolute defense against defamation claims.