Respond fully in essay form to the question below.
Susan Blade is a historian at a local public university. She studies Egyptian history, and cares only about ancient Egypt, leaving her house only to go to work. The rest of her time is spent pouring over books. One day, Susan’s home is broken into, and a robber attempts to steal her things by pointing a gun at her. Instead, she disarms the robber, ties him to a chair, and calls the police.
The next day, the local newspaper, The Dayton Doodle, runs a story about the attempted robbery. The story describes Susan as being a kooky recluse, and “not well liked by anyone except ancient, mummified Egyptians.” The newspaper believed this statement to be true, but, in fact, many people at the university like Susan. The story also describes embarrassing items that were strewn about the floor during the scuffle between Susan and the alleged robber, including the color of her undergarments, written up in a police report.
Susan brings a defamation lawsuit, based on the statement that she is unlikeable, and a privacy tort claim, based on the description of her undergarments. Discuss how she will fare on these two claims, noting both the state law elements she must prove and the First Amendment defenses The Dayton Doodle will raise. Do not discuss damages, only liability. Also, spend significant time only on contested/close legal issues- some elements/issues can be dealt with in one quick sentence, some need a few sentences of analysis, and others need more development.
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