Case Scenario:
Defamation and Privilege
Years ago Senator William Proxmire was sued for presenting an award to someone he thought guilty of wasteful government spending-the Golden Fleece Award. The plaintiff was a doctor conducting research testing the stress levels in laboratory rats. The Golden Fleece of the Month was awarded in a speech given by Senator Proxmire on the floor of the senate. Later in an interview with "Meet the Press", Senator Proxmire talked about the doctor, his research, and the "award" on national television. Subsequently, he wrote a short article in a newsletter to his constituents back home and mentioned the doctor and his research as wasteful government spending. Was Senator Proxmire liable for defamation or were his comments privileged?
Read the article below that discusses Senator Harry Reid's accusations that Mitt Romney had not paid his taxes for 10 years.
https://www.politifact.com/truth-o-meter/statements/2012/aug/06/harry-reid/harry-reid-says-anonymous-source-told-him-mitt-rom/
Things to consider discussing in your answer:
- What if the statement is true?
- What if the statement is false and defamatory but made only on the floor of the Senate?
- When Senators make statements to constituents or in news shows are their comments still privileged?
- What should Mitt Romney have done? Is this fair since Mitt Romney is a public figure?
- Was the doctor who got the Golden Fleece award a public figure?