Introducing Nicholson v. The Chronicle Tides
The official 2021 Empire Case Summary–written by Case Committee Co-Chair, Collin Tierney.
Introduction
On December 11, 2019, the United States Department of Justice sent shockwaves around the world when it charged dozens of wealthy elites in an unprecedented college admissions fraud scandal. Celebrities and prestigious universities, once revered for their reputations, found themselves staring down the barrel of overwhelming negative public opinion and outrage.
The Chronicle Tides, a news publication on the island of Empirion, caught several lucky breaks during this scandal. Chief among which was the discovery that one of Empirion’s very own celebrities, world-famous golf pro, Rob Nicholson, was caught up in the scandal too.
It appeared that Nicholson had hired the central figure in the college admissions scandal, a consultant named Joseph Carr. Mysteriously, Nicholson’s child, the somewhat reclusive, very-much-not-a-golfer Randi Nicholson, had somehow secured admission to the elite University of Manhattan. Further investigation by The Chronicle Tides suggested that Randi Nicholson may have only secured their acceptance using a fraudulent golfing background and some expensive pulled strings.
All of these facts connected Rob Nicholson, a hardworking athlete and a beloved public figure, to a scandal big enough to bring him down. Much like the other elites facing federal indictments, it appeared that Nicholson’s child had only been admitted to college by forging a history of athletic achievements.
The Department of Justice had promised additional federal charges. Was the Nicholson family next? That was the question The Chronicle Tides posed in an article they published just 48 hours later, on December 13, 2019, laying bare the fruits of their investigation.
There was just one problem: The Chronicle Tides was wrong. The Nicholsons weren’t facing criminal charges. That’s because the Nicholson family had never hired a college admissions consultant in the first place. Nor had University of Manhattan freshman, Randi Nicholson, ever tried to use athletics as a basis to earn admission there.
Unfortunately, the truth took more time to explain than the story did. The facts were not enough to stop the public outrage.
Randi Nicholson had worked hard to build an individual brand separated from Rob Nicholson’s name or reputation. Randi wasn’t much with a golf club, but when it came to cooking Randi was an artist–a renowned one, with millions of followers on social media. For years, Randi Nicholson had worked behind the scenes on their very own YouTube, Twitter, and Instagram accounts to create a culinary empire. Randi successfully secured sponsorships, a book deal, and even had their own brand of coffee in the works, all before starting college at the University of Manhattan. In December 2019, just five months into their first year at college, Randi watched their sponsorships dry up and social media followers dissolve in the wake of The Chronicle Tides’ hit piece.
Now, in this trial, Randi Nicholson wants justice. The Nicholson family has filed a lawsuit alleging defamation because The Chronicle Tides, in their haste to get a quick click from a sensational headline, defamed Randi Nicholson’s reputation by alleging Rob and Randi Nicholson were criminals. The Chronicle Tides, it is alleged, did only cursory research for this story and failed to check the sources that mattered most.
Why Defamation?
As you know, Empire feels it’s important to develop fact patterns that are topical. There is certainly nothing more topical than COVID-19; however, the tragedy of the pandemic has dominated our lives for the past 18 months. So, we decided to create a case that doesn’t discuss COVID directly, but still addresses a relevant issue during the pandemic: truth and the news.
We hear the term ‘fake news’ used often in today’s discourse. What does ‘fake news’ actually mean? What does it take to investigate a story and cover an issue responsibly? Whose rights are impacted when a story unfolds, and what steps can a reader take to consume the news with a critical eye? How has social media impacted journalistic ethics?
This is becoming more important than ever before in the age of internet news and social media influence. Today, anyone can find themselves a celebrity if they create content that is enjoyable to others online. It’s easy to find news that suits your individual preferences and interests and content creators can accidentally become the center of attention due to developments both within and outside of their control. The case this year presents a combination of these new problems for the students to tackle.
Key to these lessons is the Pre-Trial Oral Argument itself, which this year presents possibly the biggest change in the case of any POA argument before now: changes to the law itself. Our POA argument this year is about the core of defamation law–America’s controversial public/private figure status, and the burden of proof that changes depending on which label the court places on Randi Nicholson the Plaintiff. Nicholson has filed a motion in limine asking to be treated as a private figure. The Chronicle Tides, quick to point out Nicholson’s millions of followers on social media, wants Nicholson to be treated as a public figure. Which standard will apply, and what elements will the jury be instructed on? That’s up to the presiding judge of each different trial the students will try this season.
We hope you enjoy Nicholson v. The Chronicle Tides this season.
Don’t miss out on the opportunity to try Nicholson v. The Chronicle Tides this season! Applications will be accepted through the summer months. To learn more and how to apply, click here.