Candidate Defamation

Case Type:		Hypothetical
Exigence:		The battle for the governorship between incumbent Thomas Ridge and upstart Mayor Rosalynn Taylor Clinton of Springfield was a heated one. Slipping in the polls, Ridge gave a speech in which he alleged the following: that Clinton had had an extramarital affair with a law profesor colleague when she taught at Springfield State; and that he (Ridge) has a note in Clinton's handwriting that says "Thanks for a wonderful evening, RTC." that Jackie Clinton, the candidate's husband, did the legal work for and invested in a Savings and Loan; he got out of the deal early and made a profit, but the S & L soon thereafter failed and cost taxpayers millions of dollars. that Lee Clinton, the candidate's seventeen-year-old daughter, had been convicted of a DUI shortly after she got her license. that Outland Taylor, the candidate's brother, is a homosexual; and, moreover, that he and his life partner operate an erotic phone service from their home. that Albert Symington Taylor, the candidate's father, was a lawyer for the Gambini family, a prominent Mafia organization, and had been under investigation numerous times for these connections, although he had never been charged. Clinton immediately filed suit against Ridge for defamation, invasion of privacy, intentional infliction of emotional distress and half a dozen other causes of action. The trial judge rules that Clinton will have to prove "actual malice," since all Ridge's allegations involved "official conduct" under New York Times v. Sullivan. Clinton appeals this ruling; the case is now before the Supreme Court.
Audience:		You, the United States Supreme Court.
Possible Constraints:		New York Times v. Sullivan, the whole thing; especially footnote 23 of Brennan's lead opinion, and the concurrences by Black and Goldberg. Monitor Patriot Co. v. Roy, 401 U.S. 265 (1971) Garrison v. Louisiana, 379 U.S. 64 (1964) Barr v. Matteo, 360 U.S. 564 (1959)
Decision:		Up to you.
Related issues:		Harm to society Harm to individuals
Notes:		This hypothetical was invented by Joyce Patrone, a student in C30-1 in 1998.

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Last updated 23 March 1998
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