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(Solution Document) Josh is a well-known athlete with many lucrative endorsements from advertisers. He recently was "outed", meaning a gay rights organization released...


Josh is a well-known athlete with many lucrative endorsements from advertisers. He recently was "outed", meaning a gay rights organization released information showing that Josh is a homosexual. As a result of this action, most of the advertisers with whom Josh had agreements cancelled the contracts. He wishes to sue. Which statement below is correct?

a. Since Josh is a public figure, he can sue for defamation only if he can show the gay rights organization knew the story was false.

b. If the gay rights organization published the information in the newspaper, Josh should sue for slander.

c. Even if the story is true, Josh can sue for defamation provided he suffered damages from the release of the information.

d. Even if the story is true, Josh may be able to sue for invasion of privacy.


Why is the answer D rather than A? From my understanding, public figures can sue for defamation only if they can prove actual malice, which is what choice A is saying.

 

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