Abubakar Tafawa-Balewa University Japanese Postwar Literature Paper ASSIGNMENT: Using at least three of the artistic works we read and discussed in class t

Abubakar Tafawa-Balewa University Japanese Postwar Literature Paper ASSIGNMENT: Using at least three of the artistic works we read and discussed in class this semester, write an analytical essay comparing and contrasting how Japanese authors have treated a common, central theme (or themes) in their novels and/or short stories. Clearly identify the shared theme(s) you will be examining in the title of your essay. Assume full reader knowledge of the novels/short stories you write about—it is not, in other words, necessary for you to provide synopses, essential context or background information. Support your main points with references to and direct quotations from the texts, and it is fine to let such textual references “speak for themselves.” In your analysis, incorporate discussion of the relevance of the authors’ literary treatments of the theme/themes you chose to examine to our contemporary lives and times. Double-space your essay, use Times New Roman 12-point font, and insert page numbers. Do not refer to or incorporate any unassigned secondary sources without prior consultation with, and the expressed permission of the instructor. When quoting or referring to assigned primary and secondary sources use parenthetical citations including the author’s last name and page number of the work to which you are referring, i.e., (Stahl 14), (Tyson 58), (Murakami 26). There is no need to include a bibliography because I am already familiar with all of the assigned primary and second sources. While it is fine to read the novels/short stories you choose to analyze in Japanese, Chinese, etc. you must quote from the assigned English translations. While there is no set length limit, take-home final essays usually average about 8-10 double-spaced pages in length. Hardiman v. Aslam, 2019 IL App (1st) 173196, 125 N.E.3d 1185, 430 Ill.Dec. 167 (Ill. App., 2019)
2019 IL App (1st) 173196
125 N.E.3d 1185
430 Ill.Dec. 167
¶ 3 A. Defamation Law
¶ 4 The essential elements of actionable
defamatory statements are well established.
To prove defamation, a plaintiff must show
that the defendant made a false statement
about the plaintiff, there was an unprivileged
publication to a third party by the defendant,
and the statement damaged the plaintiff.
Solaia Technology, LLC v. Specialty
Publishing Co. , 221 Ill. 2d 558, 579, 304
Ill.Dec. 369, 852 N.E.2d 825 (2006).
Defamatory statements are actionable either
per se or per quod . Statements are
defamatory per se if “the statements that
form the basis of the action * * * falsely
charge the plaintiff with misconduct or
incapacity in words so obviously and
naturally harmful that they are actionable
without proof of special damages.” Costello v.
Capital Cities Communications, Inc. , 125 Ill.
2d 402, 414, 126 Ill.Dec. 919, 532 N.E.2d 790
(1988). Illinois recognizes five categories of
statements that are defamatory per se : (1)
words that impute a person has committed a
crime; (2) words that impute a person is
infected with a loathsome communicable
disease; (3) words that impute a person is
unable to perform or lacks integrity in
performing her or his employment duties; (4)
words that impute a person lacks ability or
otherwise prejudices that person in her or his
profession; and (5) words that impute a
person has engaged in adultery or fornication.
Green v. Rogers , 234 Ill. 2d 478, 491-92, 334
Ill.Dec. 624, 917 N.E.2d 450 (2009). No
showing of special damages—i.e. , damages of
a pecuniary nature—is required for
statements that are defamatory per se .
Costello , 125 Ill. 2d at 414, 126 Ill.Dec. 919,
532 N.E.2d 790.
Tio HARDIMAN, Plaintiff-Appellant,
v.
Rehan ASLAM; Mike Flannery; Katie
Fraser ; Elizabeth Kane; and Fox
Television Stations, LLC, DefendantsAppellees.
No. 1-17-3196
Appellate Court of Illinois, First
District, FIRST DIVISION.
Filed February 25, 2019
Rehearing denied March 26, 2019
Alfred S. Phelps, of Dolton, for appellant.
Mandell Menkes LLC, of Chicago (Steven P.
Mandell, Natalie A. Harris, and George V.
Desh, of counsel), for appellees.
JUSTICE PIERCE delivered the judgment of
the court, with opinion.
[125 N.E.3d 1188]
[430 Ill.Dec. 170]
¶ 1 This appeal concerns allegations by a
public figure that members of a media news
organization made defamatory statements
about him. It is therefore necessary to
understand the nature and context in which
the statements were made and the elements
and defenses applicable in defamation actions
by public figures against members of the
press. The circuit court of Cook County
entered summary judgment in favor of
defendants on plaintiff’s defamation claims,
and dismissed with prejudice certain
defendants due to plaintiff’s failure to timely
file his complaint against them. Plaintiff
appeals. For the reasons that follow we affirm
the circuit court’s judgment.
¶ 5 If the offending statement does not fall
within one of the five recognized categories of
defamation per se , a plaintiff may pursue a
claim for defamation per quod . A cause of
action for defamation per quod may exist
where the defamatory character of the
statement is not apparent on its face but
¶ 2 I. BACKGROUND
-1-
Hardiman v. Aslam, 2019 IL App (1st) 173196, 125 N.E.3d 1185, 430 Ill.Dec. 167 (Ill. App., 2019)
extrinsic circumstances demonstrate an
injurious meaning, or if the statement is
defamatory on its face but it does not fall
within a category of statements that are
actionable per se . Bryson v. News America
Publications, Inc. , 174 Ill. 2d 77, 103, 220
Ill.Dec. 195, 672 N.E.2d 1207 (1996). A
plaintiff may only prevail on a claim for
defamation per quod if the plaintiff pleads
and proves special damages, which are actual
damages of a pecuniary nature.
(1984) ). The plaintiff must prove by clear and
convincing
evidence
that
defendants
“published the defamatory statements with
knowledge that the statements were false or
with reckless disregard for their truth or
falsity.” Costello , 125 Ill. 2d at 419, 126
Ill.Dec. 919, 532 N.E.2d 790. A reckless
disregard for the truth may be found “where
the evidence shows that the defendant in fact
entertained serious doubts as to the truth of
the publication.” Id. Furthermore, a “failure
to investigate does not itself establish actual
malice if the defendants did not seriously
doubt the truth of their assertions.” Id. at 421,
126 Ill.Dec. 919, 532 N.E.2d 790. We will
“infer that a media defendant published
defamatory statements in reckless disregard
for their truth only when the defendant’s
investigation has revealed either insufficient
information to support the defamatory
accusations in good faith or creates a
substantial doubt as to the truth of those
accusations.” Id.
[125 N.E.3d 1189]
[430 Ill.Dec. 171]
Hill v. Schmidt , 2012 IL App (5th) 110324, ¶
25, 360 Ill.Dec. 753, 969 N.E.2d 563. In sum,
to pursue a defamation per quod action, a
plaintiff must plead and prove extrinsic facts
to explain the defamatory meaning of the
statement and that he suffered actual
monetary damages as a result of defendants’
defamatory statement.
¶ 7 Lastly, for purposes of the issues of this
appeal, the substantial truth doctrine is a
defense to a defamation claim. Lemons v.
Chronicle Publishing Co. , 253 Ill. App. 3d
888, 889, 192 Ill.Dec. 634, 625 N.E.2d 789
(1993). So long as the alleged defamatory
statement is substantially true, the statement
is not actionable. Parker v. House O’Lite
Corp. , 324 Ill. App. 3d 1014, 1026, 258
Ill.Dec. 304, 756 N.E.2d 286 (2001). To be
substantially true does not mean that every
detail of the statement needs to be accurate.
Id. The defendant bears the burden of
establishing the substantial truth of the
assertions which can be accomplished by
showing that the “gist” or “sting” of the
defamatory material is true. Id.
¶ 6 Regardless of whether a defamation claim
involves statements that are alleged to be
defamatory per se or per quod , where the
offending statement is made by a member of
the press or a media organization about a
public figure—which includes a person
running for public office ( Matchett v.
Chicago Bar Association , 125 Ill. App. 3d
1004, 1011, 81 Ill.Dec. 571, 467 N.E.2d 271
(1984) )—first amendment protections
require that the plaintiff “may not obtain
redress in a libel action unless he proves that
the allegedly defamatory statements were
made with actual malice.” Costello , 125 Ill. 2d
at 418-19, 126 Ill.Dec. 919, 532 N.E.2d 790
(1988) (citing New York Times Co. v. Sullivan
, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686
(1964) ). The inquiry into whether a
statement was made with actual malice is
subjective. Wanless v. Rothballer , 115 Ill. 2d
158, 170, 104 Ill.Dec. 759, 503 N.E.2d 316
(1986) (citing Bose Corp. v. Consumers
Union of United States, Inc. , 466 U.S. 485,
511 n.30, 104 S.Ct. 1949, 80 L.Ed.2d 502
¶ 8 Here, plaintiff Tio Hardiman asserted
claims of defamation, “libel on the internet,”
false light and invasion of privacy, “false light
and invasion of privacy on the internet,”
reckless infliction of emotional distress,
“reckless infliction of emotional distress on
the internet,” and libel per se against
-2-
Hardiman v. Aslam, 2019 IL App (1st) 173196, 125 N.E.3d 1185, 430 Ill.Dec. 167 (Ill. App., 2019)
defendants Rehan Aslam, Mike Flannery,
Katie Fraser, Elizabeth Kane, and Fox
Television Stations, LLC (Fox). All of
plaintiff’s claims centered on two statements
made by defendants: that plaintiff (1) was a
former gang member, and (2) was convicted
of domestic battery. We now turn to the
events giving rise to plaintiff’s claims.
¶ 12 After the teaser aired and before
Flannery’s segment, Flannery purportedly
asked Kane whether she knew that plaintiff
was a former gang member and whether she
may have confused him with someone else.
Flannery’s segment aired between 9:14 p.m.
and 9:16 p.m. At some point after Flannery’s
segment aired, plaintiff called WFLD and told
a Fox newsroom employee that he was not a
former gang member, but he did not mention
the domestic violence conviction statement
made in the teaser. During the same news
broadcast, at 9:49 p.m., WFLD clarified onair that plaintiff “says he has worked closely
with gang members but says he himself has
never been in a gang.” Later that evening,
plaintiff saw the web article. He called
Flannery to ask him to retract the
commentary about the domestic violence
conviction. Two days later, after plaintiff gave
Flannery further information, WFLD updated
the web article to state “Hardiman said that
after he pleaded guilty to domestic violence in
1999, a judge sentenced him to probation,
with the condition that if he committed no
further offenses there would not be a
conviction listed on his record.”
[125 N.E.3d 1190]
[430 Ill.Dec. 172]
¶ 9 B. Plaintiff’s Claims
¶ 10 In August 2013, plaintiff declared his
intention to run for governor of Illinois. On
January 16, 2014, it was announced that
plaintiff’s name would appear first on the
Democratic gubernatorial primary ballot.
That same day, Flannery, the political editor
for Fox Chicago WFLD, interviewed plaintiff
for a segment that was to air during WFLD’s 9
p.m. news broadcast. As part of the
programming, a WFLD web producer, Katie
Fraser, wrote an article for WFLD’s website
that was published under Flannery’s byline
titled “Controversial candidate remains on
primary ballot for governor.” The web article
stated, in part, “Tio Hardiman told FOX 32
that a judge last month expunged from his
record Hardiman’s 1999 guilty plea and
conviction for misdemeanor domestic
violence, a charge filed by a former wife.” The
web article was originally posted to WFLD’s
website at 8:21 p.m.
¶ 13 On December 5, 2014, plaintiff initiated
this action against Flannery and Fox.1 On
February 23, 2017, plaintiff filed a second
amended complaint, the operative complaint
in this appeal, adding Aslam (a now former
WFLD executive producer), Fraser, and Kane
as defendants.2 The second amended
complaint asserted claims of defamation,
“libel on the internet,” false light invasion of
privacy, “false light invasion of privacy on the
internet,” reckless infliction of emotional
distress, “reckless infliction of emotional
distress on the internet,” and libel per se .
Plaintiff’s defamation claim alleged that
defendants falsely stated that plaintiff was a
former gang member and that he had been
convicted of domestic
¶ 11 Additionally, Kane, WFLD’s producer,
wrote a teaser for Flannery’s 9 p.m. segment
that was read on-air by WFLD news anchor
Jeff Herndon at 9:11 p.m. The teaser stated,
“Also, a former gang member who was once
accused of beating his wife wants to be your
governor. Why he says voters shouldn’t be
concerned about his domestic violence
conviction.” Plaintiff’s name was not
mentioned in the teaser, and it ran only one
time.
[125 N.E.3d 1191]
[430 Ill.Dec. 173]
-3-
Hardiman v. Aslam, 2019 IL App (1st) 173196, 125 N.E.3d 1185, 430 Ill.Dec. 167 (Ill. App., 2019)
violence in 1999 (count I). Plaintiff alleged
that Flannery “in his capacity as news
political editor was responsible for the
decision to broadcast that the Plaintiff was a
former gang member and had been convicted
of domestic violence.” Plaintiff further alleged
that Flannery told plaintiff after the broadcast
that a WFLD producer decided to include the
statement that plaintiff was a former gang
member even though Flannery told the
producer that there was no evidence that
plaintiff was ever a gang member. Plaintiff’s
libel on the internet claim alleged that the
web article, posted under Flannery’s byline,
falsely stated that plaintiff was convicted of
domestic violence, falsely stated that plaintiff
had told defendants that a judge expunged his
record for a conviction on domestic violence,
and falsely stated that plaintiff told
defendants that he pled guilty to domestic
violence, and that defendants knew those
statements were false (count II). Counts I and
II asserted that defendants “knowingly,
unlawfully,
wrongfully,
intentionally,
maliciously, contrived [sic ] and desired to
injure and destroy the [p]laintiff’s good
name,” and that defendants’ false statements
injured his reputation and caused him to lose
“thousands of votes in the March 2014,
primary for governor, and the support and
contributions of * * * [certain identified]
supporters who were prepared to donate to
the [p]laintiff’s campaign.” Plaintiff’s false
light invasion of privacy claims alleged that
defendants’ false and defamatory statements
placed plaintiff in a false light (counts III and
IV). Plaintiff’s reckless infliction of emotional
distress claims alleged that defendants’
conduct in making the allegedly defamatory
statements “was so extreme and outrageous,
that it exceeded all possible bounds of
decency,” and that defendants “knew that the
statements that [p]laintiff was ‘a former gang
member who was convicted of domestic
violence’, [sic ] would cause [p]laintiff severe
emotional distress” (counts V and VI).
Finally, plaintiff’s libel per se claim asserted
that defendants’ statement that plaintiff was
convicted of domestic violence is actionable
per se (count VII). For each count, plaintiff
sought general, punitive, and exemplary
damages, as well as attorney fees and costs.
¶ 14 Aslam, Fraser, and Kane moved to
dismiss the second amended complaint
pursuant to section 2-619 of the Code. They
argued that plaintiff’s claims against them,
asserted for the first time in February 2017,
did not relate back to the initial complaint.
They argued that they did not receive notice
of commencement of this action during the
one-year limitations period applicable to
defamation and false light claims in section
13-201 of the Code ( 735 ILCS 5/13-201 (West
2016) ), which expired in January 2015.
Aslam, Fraser, and Kane each filed
supporting affidavits in which they averred
that they did not learn of the lawsuit until late
2015 or 2016. They argued, therefore, that
plaintiff’s claims against them were barred by
the one year statute of limitations. All
defendants moved to dismiss plaintiff’s
reckless infliction of emotional distress claims
pursuant to section 2-615 of the Code.
¶ 15 In addition to the motions to dismiss, all
defendants moved for summary judgment on
plaintiff’s second amended complaint. With
respect to the former gang member
statement, defendants argued that plaintiff
failed to identify any special damages to
support a claim for defamation per quod .
Plaintiff only alleged that he lost potential
votes without any further specificity and that
his political campaign, “Hardiman for
Illinois,”
lost
promised
campaign
contributions, which defendants argued were
too speculative and uncertain to constitute
special damages. With respect to the
statements that
[125 N.E.3d 1192]
[430 Ill.Dec. 174]
plaintiff was convicted of and pleaded guilty
to domestic violence, defendants argued that
those statements were substantially true “as
-4-
Hardiman v. Aslam, 2019 IL App (1st) 173196, 125 N.E.3d 1185, 430 Ill.Dec. 167 (Ill. App., 2019)
they capture the ‘gist and sting’ of the
undisputedly true fact that [p]laintiff pled
guilty to battering his ex-wife Felecia
Hardiman in 1999.” Although plaintiff
claimed that he pleaded guilty to simple
battery against his wife, defendants argued
that was a distinction without a difference, as
domestic battery is simple battery committed
against a family or household member.
Furthermore, defendants argued that the
statement that plaintiff was convicted of
domestic violence, even if technically
inaccurate, was substantially true because
plaintiff had pleaded guilty to charges of
battering his wife and had thus assumed the
responsibility for the consequences of his
conduct. Defendants further asserted that
plaintiff was a public figure and could not
establish by clear and convincing evidence
that defendants acted with actual malice in
making either the former gang member
statement or the domestic violence
statements.
there were genuine issues of material fact as
to whether defendants acted with actual
malice when they stated that plaintiff had
been convicted of domestic violence and that
he was a former gang member.4 We find that
defendants were entitled to summary
judgment on plaintiff’s claims related to
defendants’ domestic violence statements
because those statements were substantially
true and therefore not defamatory. We
further find that defendants were entitled to
summary judgment on plaintiff’s claims
related to defendants’ former gang member
statement because plaintiff failed to identify
any genuine issue of material fact as to
whether he suffered any special damages or
that defendants acted with actual malice.
¶ 19 Summary judgment is appropriate if the
pleadings, depositions, affidavits, and other
admissions on file establish that there is no
genuine issue of material fact and that the
moving party is entitled to judgment as a
matter of law. 735 ILCS 5/2-1005(c) (West
2016); Cohen v. Chicago Park District , 2017
IL 121800, ¶ 17, 422 Ill.Dec. 869, 104 N.E.3d
436. The purpose
¶ 16 All of the motions were fully briefed and
argued. On August 21, 2017, the circuit court
entered a handwritten order (1) granting
Aslam, Fraser, and Kane’s motion to dismiss
based on the statute of limitations, (2)
dismissing plaintiff’s reckless infliction of
emotional distress claims for failure to state a
claim (counts V and VI), (3) granting
defendants’ motion for summary judgment on
all of plaintiff’s defamation and false light
claims (counts I-IV, and V), and (4) denying
all other pending motions.3 The circuit court’s
order provides that the bases for its decisions
were “stated in open court on the record.” On
December 5, 2017, after briefing and a
hearing, the circuit court denied plaintiff’s
timely-filed motion to reconsider. Plaintiff
filed a timely notice of appeal.
[125 N.E.3d 1193]
[430 Ill.Dec. 175]
of summary judgment is not to try a question
of fact, but rather to determine whether one
exists. Robidoux v. Oliphant , 201 Ill. 2d 324,
335, 266 Ill.Dec. 915, 775 N.E.2d 987 (2002).
“In determining whether a genuine issue as to
any material fact exists, a court must construe
the pleadings, depositions, admissions, and
affidavits strictly against the movant and
liberally in favor of the opponent.” Adams v.
Northern Illinois Gas Co. , 211 Ill. 2d 32, 43,
284 Ill.Dec. 302, 809 N.E.2d 1248 (2004). “A
triable issue precluding summary judgment
exists where the material facts are disputed,
or where, the material facts being undisputed,
reasonable persons might draw different
inferences from the undisputed facts.” Id. Our
review of a summary judgment order is de
¶ 17 ANALYSIS
¶ 18 Plaintiff’s overarching argument on
appeal is that the circuit court improperly
granted summary judgment in favor of
defendants on his defamation claims because
-5-
Hardiman v. Aslam, 2019 IL App (1st) 173196, 125 N.E.3d 1185, 430 Ill.Dec. 167 (Ill. App., 2019)
novo . Id. We review a circuit court’s
judgment, not its reasoning, and we may
therefore affirm the circuit court’s judgment
on any basis supported by the record.
Rodriguez v. Sheriff’s Merit Comm’n of Kane
County , 218 Ill. 2d 342, 357, 300 Ill.Dec. 121,
843 N.E.2d 379 (2006).
Procedure of 1963, as amended.’ ” People v.
Wilson , 214 Ill. 2d 394, 396, 292 Ill.Dec. 887,
827 N.E.2d 416 (2005) ; compare 720 ILCS
5/12-3 (West 1998) with 720 ILCS 5/12-3.2
(West 1998). The definition of “family or
household member” in section 112A-3 of the
Code of Criminal Procedure of 1963 includes
spouses and former spouses. 725 ILCS
5/112A-3(3) (West 1998). Simple battery
against a spouse fits within the legal
definition of domestic battery, both of which
constitute an act of domestic violence.
¶ 20 A. The Domestic Violence Statements
¶ 21 We begin with defendants’ statemen…
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