Kim knows Beth is suffering from clinical depression. On her morning radio program, Kim says, “When you see Beth, tickle her. She just refuses to laugh.” Beth sues Kim for intentional infliction of emotional distress. A court likely will find ______.
the remarks are protected by the First Amendment
Beth wins her case only if she can show Kim acted with actual malice
the remarks were extreme and outrageous
Beth cannot win her case if she suffered stomach upset as well as emotional distress
