Aric Toll owns and manages the Balboa Island Village Inn, a restaurant and bar in Newport Beach, California. Anne Lemen owns the “Island Cottage,” a residence across an alley from the Inn. Lemen often complained to the authorities about excessive noise and the behavior of the Inn’s customers, whom she called “drunks” and “whores.” Lemen referred to Theresa Toll, Aric’s wife, as “Madam Whore.” Lemen told the Inn’s bartender Ewa Cook that Cook “worked for Satan,” was “Satan’s wife,” and was “going to have Satan’s children.” She told the Inn’s neighbors that it was “a whorehouse” with “prostitution going on inside” and that it sold illegal drugs, sold alcohol to minors, made “sex videos,” was involved in child pornography, had “Mafia connections,” encouraged “lesbian activity,” and stayed open until 6:00 A.M. Lemen also voiced her complaints to potential customers, and the Inn’s sales dropped more than 20 percent. The Inn filed a suit in a California state court against Lemen, asserting defamation and other claims.
(a) Are Lemen’s statements about the Inn’s owners, customers, and activities protected by the U.S. Constitution? Should such statements be protected? In whose favor should the court rule? Why?
(b) Did Lemen behave unethically in the circumstances of this case? Explain.