Week 3: Assignment and Student Response

TuesdayMar 6 at 4:25pm

Manage Discussion Entry

A person who brings on a case against someone according to Pember & Calvert (2013) suggested that “the party who commences or brings a civil lawsuit is called the plaintiff (p.33). In this specific scenario, the best proof of fault is plaintiffs can make is Matt McCarthy, the author of the memoir “Odd Man Out,” made false statements about other baseball players on the team.

Matt McCarthy one best defense could be that he hears and sees what the baseball players said and done during the season of baseball, and he decided to write the what each player said in private. Although, the baseball players are saying everything written in the book is not right. For the consent, Matt could use that the consent as the journals he kept during the season. The truth is what one of the players stated, ‘some of this is true, and some of it is made up’ (Hill & Schwarz, 2009).

The privilege of defense would be that the statement he made was public, is that it was public the plaintiff can establish judgments because McCarthy is entitled to his opinions.

The opinion is that if Matt thinks the players were on steroids, abusive, taking advantage of the monetary gains and so forth then it is his pre-judgments and proof of how he feels about each person he wrote.

I do believe that Matt McCarthy committed defamation because all the stories that are in the memoir are personal. For the stories that are true and false that can interrupt personal lives and relationships.

Tolanda

References

Hill, B., & Schwarz, A. (2009, March 2). Errors cast doubt on a baseball memoir (Links to an external site.)Links to an external site.. The New York Times. Retrieved from http://www.nytimes.com/ (Links to an external site.)Links to an external site.

Pember, D. R. & Calvert, C. (2013). Mass media law. Retreived from https://www.amazon.com/Mass-Media-Law-Don-Pember/dp/1259913902