Question: 11. A senator from Texas makes false statements about a judicial nominee during a Senate hearing. The senators aide is livestreaming the senators comments to
11. A senator from Texas makes false statements about a judicial nominee during a Senate hearing. The senators aide is livestreaming the senators comments to Facebook, and millions of Facebook users read the false statements. The nominees clerk calls Facebook and demands that the false statements be taken down, but Facebook refuses. As a result of the false statements, the nominee is rejected by the Senate and fired from her job at a prestigious law firm. The senator later admits that he knew that the statements were false when he made them. The nominee wishes to sue for defamation. Who will the nominee be able to prevail against?
a. Only the senator
b. Only Facebook
c. The Senator and Facebook
d. Neither the Senator nor Facebook
Only the senator
12. Same facts as in Question 11. In retaliation, the nominee writes a piece in the Houston, Dallas, San Antonio and Austin daily newspapers, accusing the senators father of having been involved in the assassination of JFK. As a result of this op ed, the senator loses his next election, and his real estate business fails. The nominee later admits that the senators father had no involvement in the JFK assassination, but states that she believed it sincerely at the time she wrote the article and that she fact checked it extensively by researching old One America Network stories. The senator sues the nominee for defamation. What is the likely outcome and why?
(Need help with question 12, provided question 11 for context)
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