Sam Stint lives in Midville, a town in which there are six used car dealers. All six of the dealers belong to a statewide organization of used car dealers called DORC (Dealers of Recycled Cars), which has a total of 200 members throughout the state. In looking for a late-model, low-mileage automobile costing no more than $750, Sam went to each of the six local dealers. Each told Sam that what he was looking for was not available, and each suggested instead that he look at late-model, low-mileage cars costing from $5,000 to $10,000. Sam was outraged. Sam wrote a letter to the editor of the town newspaper saying, in part, “The DORC members in Midville are thieves. They are cheaters. They try to steal your money. They are totally dishonest. You shouldn’t buy cars from them (Signed: Sam

Stint).” The newspaper printed the letter. The six local car dealers had their car sales drop by 50 percent or more during the two months after the letter was printed. All six of the businesses sued for libel. Will the car dealers be able to prove the first three elements of a libel suit—publication, identification, and defamation? Remember to include definitions and how the elements are proven in court.

What will be an ideal response?

Dealers A and B can prove publication. Publication occurs when a third party sees and understands the defamatory story. Courts generally assume that at least one-third person was exposed to a defamatory message in a mass medium. The letter was in a newspaper, so a court will assume there was publication. Dealers A and B can prove identification. Identification occurs when a story is of, and concerning, the plaintiff. It is proven in court if a few people reasonably say they thought the story was about the plaintiff. It is inconsequential that there are 200 members of DORC. Sam’s letter specifically referred to the local DORC members. There are only six of them, well within any limits courts have set to have the defamatory statement “stick” to any one of the possible plaintiffs. And certainly the dealers could have someone testify that he or she knew that dealers A and B belonged to DORC and so assumed that Sam’s claims applied to those dealers. Dealers A and B can prove defamation. Defamation occurs when someone’s (or some company’s) reputation is injured. That is, when a significant and respectable minority of the community shuns the person, or stops speaking to the person. For businesses, that is shown by the loss of customers or loss of income, called special damages. Further, Sam’s accusations of crimes by the dealers (“thieves,” “cheaters,” and “steal”) may be considered libel per se, that is, libel on the face of the statements (with no further proof needed). [Note (not required as part of your answer): There may be other elements of a libel plaintiff’s case that the dealers cannot prove. Also, there may be defenses that the newspaper (and maybe Sam) would have that would win the case for the defendant(s), even if the dealers could prove all of the plaintiff’s elements.]