Question: A man with a developmental disability and the mental capacity
A man with a developmental disability and the mental capacity of a 5- year- old made several visits to a retail store. Each time he was there, he caused a disturbance and was asked to leave. On one occasion when he was asked to leave, he threatened to kill the store owner. At this time, the police were called, and they arrested the man at the request of the store owner. He was charged with trespassing. The incident caught the eye of a local television station, which did a TV story on the man’s trial and identified the retail store involved. The television station’s version of the incidents that occurred in the store left out key facts about the man’s threatened violence on several occasions while in the store and his admission of the threat he made to kill the store owner. As a result of the poor publicity, the store received several complaints about what was perceived as mistreatment of a person with a mental disability. The store owner sued the television station for defamation, contending that the TV version of what took place in the store damaged his reputation. Does the store owner have a case against the TV station?
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