In 2012, ABC news ran a story regarding BPI, a South Dakota meat processing company, describing the company's ground-beefproduct as pink slime. The company sued ABC News for defamation claiming that the term nearly put the company out of business, forcing them to close down several plants (3 out of 4 plants) due to a decrease in revenue (a drop of 80%) as a result of the report.

The company sued ABC for $5.7 billion dollars, claiming that ABC, and its reporters Diane Sawyer and Jim Avila, defamed the company by using the term "pink slime" and making errors and omissions in its 2012 reporting. The company argued that it took 30 years to succeed in the industry and it took ABC less than 30 days to damage the company irreparably.

But ABC lawyer argued there was no defamation because"pink slime" was a common term, used more than 3,800 times in the media prior to ABC's reports. They also claimed that the company already lost customers prior to the report due to the unhappiness with the product. ABC claimed their coverage was accurate and deserved first amendment protection.Diana Sawyer, when deposed for the case, stated: "I read the script and it seemed to be factual and fair and seemed to be credible reporting."

(Links to an external site.)

(1) Is thereport considered defamatory? Product disparagement?Why or why not?

(2) Please provide a definition of defamation and apply the case to all elements of defamation to form the basis for your answer.

(3) Why do we have defamation laws in this country?

(4) Is it federal or state law?

References too

https://www.youtube.com/watch?v=87uBMXdIyjo

?

Jerry Falwell talks about his first time." INTERVIEWER: But your lots of times. But not in the mom? Isn't that a bit outhouse. Between Mom and odd? the shit, the flies were too much to bear. FALWELL: I don't think so. Looks don't mean INTERVIEWER: We meant the that much to me in a Campari. woman. FALWELL: Oh. INTERVIEWER: Go on. yeah. I always f- 1 get sloshed FALWELL: Well, we were before I go out CILLANO drunk off our God- to the pulpit fearing asses on Cam- You don't think pari, ginger ale and I could lay soda-that's called a down all that Fire and Brimstone-at bullshit sober, the time. And Mom do you? looked better than a Baptist whore with a ITALY FALWELL: My first time was in an $100 donation. outhouse outside Lynchburg. Virginia. INTERVIEWER: Campari in the crapper with Mom . . . how inter- INTERVIEWER: Wasn't it a little esting. Well, howwas it? cramped? FALWELL: The Campari FALWELL: Not after I kicked the was great, but Mom passed CAMPAR goat out. out before I could come INTERVIEWER: I see. You must tell INTERVIEW- me all about it. ER: Did you ever try it FALWELL: I never really expected again? to make it with Mom, but then after she showed all the other FALWELL: guys in town such a good time. Sure . . . I figured, "What the hell!" Campari, lie all liquor, was made to mix you up. It's a light, 48 pool. refreshing spirit, just mild enough to make you drink too much before you know you're schnochered. For your first time, mix it with orange juice. Or maybe some white wine. T the next moming han you won't remember anything mirable that smarts. CAMPARI You'll never forget your first time. -HOT TO BE TAKEN SERIQUILT