Analyze whether Wall will be able to meet the falsity element of libel. Focus on each allegation separately and remember the special rule for minor inaccuracies of a statement.

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Practical Writing Exercise

Comm 4101 – Spring 2019

Instructions: Please answer the question below in IRAC format.Your response should be in 12-point Times New Roman font.Please double space your response and provide a page number in the bottom center of each page.You have until 12:05pm on 4/29/19 to submit the assignment to me via email: with the subject line of: PWE_LastName There is a page limit of two pages.

Early one morning, a worker at a Charlotte crisis center received a telephone call from a distraught woman who reported that she was hearing disturbing noises—crying and screaming—coming from a small day care center next to her house. Workers at the crisis center notified the Mecklenburg County social services agency of the report.The Charlotte crisis center employees believed that the county social services agency was slack in its enforcement policies regarding day care centers, so the employees also sent a recording of the woman’s call to the local television station, WCNC.The television station sent a crew to the day care center to talk with the owner, Melinda Wall.The crew outlined the concerns that had been reported to the crisis center about the daycare, but Wall declined to comment. That night the television station ran the following report:

“A city social services agency is reportedly looking into allegations of children crying and screaming at the Happy Days Day Care Center at

1456 Marblehead Way

. A neighbor reported the unusual sounds to the crisis center, which in turn contacted the agency and this station. An agency spokesperson reported that its investigators are looking into the possibility that improper behavior by the staff at the center caused the crying and screaming.

Happy Days Day Care Center is owned and operated by Melinda Wall, who refused to comment about the allegations. The center has been open for six months. Prior to that time, Wall operated a similar center in Toledo, Ohio, for two years. The State of Ohio revoked Wall’s license in 2006 when it found unsanitary conditions at the center.”

The television report generated considerable publicity about the day care center and its owner. Wall’s business became swamped with calls from local residents and several parents cancelled the registration for their children at the day care.A thorough investigation by the county social service agency of the suspicious noises revealed that nothing illegal or dangerous was occurring at Happy Days. The noise reported by the neighbor in fact came from a video on a television. One of the children had turned up the volume, so the sound resonated throughout the neighborhood.

Wall sued WCNC for libel because of its initial report. She argued that it contained numerous errors, and that the station employees had been negligent in preparing the story. She cited the following errors.

a. Happy Days had been open for 16 months, not six months.

b. Wall operated a day care center in Toledo, Washington, not Toledo, Ohio.

c. Her license for that facility was not revoked. The state merely refused to renew the license unless Wall added additional bathroom facilities at the center, and she could not afford to do that.

Question: Analyze whether Wall will be able to meet the falsity element of libel. Focus on each allegation separately and remember the special rule for minor inaccuracies of a statement.

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