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Dr. Jeff is a prominent and famous music professor at Berklee School of Music. He is a well-regarded band director, composer and musician, known mainly for conducting his classical pieces. The Boston Globe, the local newspaper, runs an article stating that Dr. Jeff was at a Lady Gaga concert and appeared to be immensely enjoying himself. The article went on to say that Dr. Jeff has been a huge fan of Lady Gaga for quite some time, and at the concert he was seen trying to get backstage to beg for an autograph. None of this is true, and in fact, Dr. Jeff was in an all-night rehearsal with his orchestra while the concert was going on. He comes to you to see if he has a claim for defamation.
How do you advise him?
Assume that the statements are defamatory in nature, and that the newspaper reporter that wrote the article was told by a concert goer that Dr. Jeff was there. The concert goer was a student of Dr. Jeff’s. Discuss Dr. Jeff’s claim, and if there are any other facts you need from Dr. Jeff.
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Hint
Consider which elements of a defamation claim are at issue here. Is Dr. Jeff a public figure? If so, can he prove that the statement was made with actual malice?
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