Question: Vicki L. Iseman is a lobbyist at the federal level. On February 21, 2008, the New York Times ran a front page article that quoted aides to Senator John McCain as believing that there was an improper relationship between the two. At the time the article was printed, Mr. McCain had finally been able to gain some momentum in a presidential campaign in which he had been written off as a non-starter. Ms. Iseman has filed suit in federal district court in Virginia against the Times for defamation of character. Ms. Iseman states in her complaint that the article left the impression that she and Mr. McCain had "an illicit romantic relationship" and that the result has been damage to her reputation as well as her ability to earn a living as a lobbyist. Her suit asks for $27 million in damages.

After complaints about the article, the Times' public editor, Clark Hoyt, wrote an article in which he questioned the soundness of the reporting in the piece: "A newspaper cannot begin a story about the all-but-certain Republican presidential nominee with the suggestion of an extramarital affair with an attractive lobbyist 31 years his junior and expect readers to focus on anything other than what most of them did. And if a newspaper is going to suggest an improper sexual affair, whether editors think that is the central point or not, it owes readers more proof than the Times was able to provide (Hoyt, 2008). Mr. McCain's donations for his campaign increased after the article appeared because of outrage in reaction to the 3,000 word piece. Legal experts disagree about whether there was defamation. What are the elements of defamation? Is Ms. Iseman a public figure? Why is the case in federal district court? Please provide clear reasoning for your argument.