However I believe that ESPN also reported that Braun tested positive for a PED, which Braun's camp has denied. The headline from the initial story read "Ryan Braun tests positive for PED" There is a big difference between failing a test and because of a unknown side affect of a medication (assuming his story is true) and intentionally taking performance enhancing drugs like steroids to gain an advantage. All ESPN knew from their source was that Braun failed a test and the secondary test showed non-natural testosterone. ESPN then made their own deduction that this means he was taking PED's and reported this as fact, despite the fact there are other reasons to have non-natural testosterone in your body. In this case, using truth as a defense would be significantly weakened. (Side note I am also not an attorney but am in law school and just took my advanced torts final which covered defamation and libel so this is all very interesting to me.) For instance, there was alibel case we read aboutwhere a newspaper reported that a man had been indicted for a crime, when in fact he never was indicted but instead was being investigated for the crime. The court found that when you use a term like indicted, you must use the ordinary meaning of the term, which was that they were actually indicted. The newspaper tried to argue that they had a reasonable grouds to believe it was true since the he actually admitted that he committed the crime to a grand jury but the court found that this was not "substantially close" enough to actually being indicted. Now Braun's case is obviously different since he is a public figure and he will need to show actual malice. But if somehow the facts show that ESPN never actually had proof that he was taking a PED, still reported the PED part as fact and what he took is not by definition a PED, there could possibly be an issue. Of course this would also depend on what MLB defines as a PED.