Below are excerpts from a recently decided libel case involving a member of Congress and a writer who
published a piece in Esquire magazine. The congressman, Devin Nunes of California, is alleging that reporter
Ryan Lizza’s article contained 11 statements that defamed him. Your assignment is to analyze each of the
statements and determine whether each (1) is “of and concern” the plaintiff (is he identified with the allegedly
defamatory statement); (2) is capable of a defamatory meaning; and (3) determine whether the article as a
whole carries the false and defamatory implication alleged by the plaintiff. For each of these, you need to
explain how the facts lead you to your conclusions. You could go online and find the text of the court’s decision
in this case, but I ask you not to do that. What I want are your views about these issues and not what the judge
in this particular case said
Sample Solution