Attribution Insulates The Republisher
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Torts1
Example wrong choices
17111_parish_newsletter_republication · TORTS · Choice ANo, because attributing the accusation to "a parent in our school community" insulates the newsletter editor from liability for the underlying charge.
Why it's attractive
The choice asserts a fabricated rule: that attribution insulates the republisher. The doctrinal assertion is the overclaim; without the Gold Key, a student may accept attribution as a shield.
Why it's wrong
The choice asserts a fabricated rule: that attribution insulates the republisher. The doctrinal assertion is the overclaim; without the Gold Key, a student may accept attribution as a shield.
17111_parish_newsletter_republication · TORTS · Choice BYes, but only if the parent who wrote the original email is also joined as a defendant in the suit.
Why it's attractive
The choice converts a joint-and-several-liability observation into a joinder rule. Defamation plaintiffs may sue any one publisher they choose; they are not required to join all publishers.
Why it's wrong
The choice converts a joint-and-several-liability observation into a joinder rule. Defamation plaintiffs may sue any one publisher they choose; they are not required to join all publishers.
17111_parish_newsletter_republication · TORTS · Choice DNo, because a newsletter is not the kind of medium that counts as "publication" for defamation purposes.
Why it's attractive
The choice asserts a medium-based exception that does not exist. Publication is communication to a third party, regardless of medium. The cut is structural: there is no newsletter/email/podcast exception.
Why it's wrong
The choice asserts a medium-based exception that does not exist. Publication is communication to a third party, regardless of medium. The cut is structural: there is no newsletter/email/podcast exception.
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