Final answer:
The tort of defamation involves making false statements that harm someone's reputation and is a civil offense. Newspapers can avoid defamation lawsuits through First Amendment protections, especially when discussing public figures where a statement must be shown to be made with actual malice for it to be defamation. The correct answer is option: 1) It involves making false statements about someone that harm their reputation
Step-by-step explanation:
The tort of defamation involves making false statements about someone that harm their reputation. This can either be in written form, known as libel, or in spoken form, referred to as slander. The key element of defamation is that the statement must be false.
Defamation is indeed a civil offense where the person or entity defamed can bring a lawsuit to seek damages. Newspapers and magazines can print negative and harmful stories because, as long as the information is not presented as false fact but as opinion, or is about public figures without actual malice or reckless disregard for the truth, they are often protected under the First Amendment.
Newspapers and other media outlets have the ability to publish critical opinions without being sued for defamation by virtue of the constitutional guarantees outlined in cases such as New York Times v. Sullivan. In this landmark case, it was established that public officials must prove that a statement is false and made with actual malice or reckless disregard to be considered defamatory. This high burden of proof creates a significant protective barrier for freedom of speech, especially in matters of public concern.