A Question of Ethics—Defamation. Aric Toll owns and manages the Balboa Island Vi

A Question of Ethics—Defamation. Aric Toll owns and manages the Balboa Island Vi

A Question of Ethics—Defamation. Aric Toll owns and manages the Balboa Island Village Inn, a restaurant and bar in Newport Beach, California. Anne Lemen lives across from the inn. Lemen complained to the authorities about the inn’s customers, whom she called “drunks” and “whores.” She referred to Aric’s wife as “Madam Whore” and told neighbors that the owners were involved in illegal drugs and prostitution. Lemen told Ewa Cook, a bartender at the Inn, that Cook “worked for Satan.” She repeated her statements to potential customers, and the inn’s sales dropped more than 20 percent. The inn filed a suit against Lemen. [Balboa Island Village Inn, Inc. v. Lemen, 40 Cal.4th 1141, 156 P.3d 339 (2007)] (See Business and the Bill of Rights.)
Are Lemen’s statements about the inn’s owners, customers, and activities protected by the U.S. Constitution? Should such statements be protected? In whose favor should the court rule? Why?
Did Lemen behave unethically in the circumstances of this case? Explain.