Adam is the owner of The Bookstore.  John Hertz, a clerical…

Written by Anonymous on July 31, 2026 in Uncategorized with no comments.

Questions

Adаm is the оwner оf The Bоokstore.  John Hertz, а clericаl worker in a nearby office, came into The Bookstore every day at lunchtime to browse.  Adam became annoyed because Hertz read books and magazines, but never bought anything.  Finally, Adam told Hertz that he would call the police if Hertz came into the Bookstore again. Adam was so annoyed that Hertz would not buy anything that he began calling Hertz’s house after hours and hung up.  Hertz knew it was Adam because of Caller ID.  Hertz had a hard time getting to sleep because the calls occurred at all times of the night. Hertz returned the next day, and Adam called the police.  Adam made a citizen’s arrest, alleging that Hertz damaged a magazine.  Hertz objected loudly to the arrest, yelling, “You can’t arrest me, I didn’t take anything.” A reporter overheard Hertz’s remarks.  The reporter worked for Nightly News, and recognized Hertz because Hertz had previously led a very public movement to remove certain books from the local high school library the prior year. The reporter thought that the police were arresting Hertz for shoplifting and rushed back to the paper to file a story on the arrest. The next day, The News reported that Hertz had been arrested for shoplifting, in a story headlined, “Book Burner Arrested for Book Theft.” Not satisfied with the arrest, Adam contacted Hertz’s boss.  After hearing that Hertz was arrested, his boss fired Hertz. Hertz was charged with theft.  The matter went to court, and he was found not guilty because he never took or damaged any of Adam’s property. What claims does Hertz have against Adam? Do not discuss intentional torts. What claims, if any, does Hertz have against The News?  Discuss.

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