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MMLU / A man published a website wherein he billed himself as a crusader for justice…

Problem

Answer published by the source. Consult the official source to check your work against its answer.

question

A man published a website wherein he billed himself as a crusader for justice and a hero with special powers. He wrote mainly about consumer issues, while acting like a watchdog exposing wrongdoers. He wrote one article about a female preacher with a local church that had no affiliations and only a local blog on the internet. He wrote that she was "conspiring with the devil" to figure out "how to lead people's minds astray" and to live a nice "sheltered role of pure moral superiority at the expense of inferiors" like himself and his readers. He called the woman's fashion Medieval and her hair style was like a bag of "hot wires ready to electrocute anyone who dares come too close." The preacher was not amused, and she filed a defamation action claiming libel per se and demanding damages along with an injunction against the web site. The defendant filed a motion to dismiss. Will the court likely grant the motion to dismiss?

choices

  1. Yes, because the defendant was expressing opinions more than factual assertions, and opinions in this context are constitutionally protected.
  2. Yes, because statements about religious beliefs or practices cannot be the subject of private defamation actions.
  3. No, because the preacher's allegations are based on serious factual distortions that will destroy her career if she doesn't get protection.
  4. No, because a defamation action cannot be subject to a motion to dismiss €“ the plaintiff is always entitled to present evidence to prove the tort.

subject

professional_law

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