TTTBE #36: Early Answer for Patrons!
Added 2017-08-13 23:59:01 +0000 UTCThis was an easy one: A. That means Thomas is now riding high on a four-question winning streak (his longest since TTTBE began!), and is now 19-for-36 (52.78%) -- well on his way to becoming an actual lawyer.
There's not much to say here; we've previously discussed the Supreme Court's decision in Gertz v. Welch, 418 U.S. 323 (1974), which held that statements of opinion cannot be defamatory. That was answer "A."
Answer "B" said that statements about religious beliefs or practices cannot be the subject of private defamation actions; that's obviously wrong. Religion may enjoy a lot of protections in our law, but it doesn't get absolute immunity from defamation.
Answer "C" was the best "no" answer -- if you thought the allegations were serious factual claims, then the complaint would survive a motion to dismiss. The stuff listed in the question, though, on the average person's judgment, is simply not factual.
Answer "D" is wrong because of the "no absolutes" guideline. It isn't that a defamation action cannot be subject to a motion to dismiss; it's that such motions rarely succeed because defamation cases tend to be fact-intensive.
Good work, and get ready for another new question on Friday when we release TTTBE #37!
