We don’t know if this is the same Bob Smith, but his Facebook page says he votes Republican.” It turns out the Bob Smith at 123 Main is not the shooter. What result when Bob Smith at 123 Main sues the TV station?

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Law Question:

Bob Smith goes on a rampage and kills 40 people in a movie theater. A TV station covering the story learns the name of the killer, does a quick Google search and finds a Bob Smith living in that town. The reporter says, “this just in, we have found a Bob Smith living at 123 Main only 5 blocks from the shooting. We don’t know if this is the same Bob Smith, but his Facebook page says he votes Republican.” It turns out the Bob Smith at 123 Main is not the shooter. What result when Bob Smith at 123 Main sues the TV station?

A. Likely a valid false light claim
B. Likely no claim because the TV station reported the truth
C. No claim as Bob Smith is a public figure
D. No claim because the 1st Amendment shields this kind of statement

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