Justin, a student in a state university law school, posted on the law school bulletin board the following typed notice: Professor Smitt gave an “A” grade last semester to a woman in return for sexual favors. The facts are widely known and talked about. The statement about sexual favors was true of a different teacher also named Smitt (Teacher Smitt) who had been fired from his job at a nearby college as a result. Justin knew that Teacher Smitt had been fired but did not know why. Justin honestly believed that Professor Smitt was the one who had given the “A” grade in return for the sexual favors. On the day after Justin posted the typed notice, Ed, editor of the Daily Times, the local newspaper, published in the Daily Times a clear picture of the posted notice, commenting only that the notice was posted on the local law school bulletin board.
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