Baby Bar Monkey: Baby Bar Issues - Questions And Answers (Some Readers Allowed To Read Free Without Purchasing): e law book, Required skills and knowledge covering the CA baby bar exam - Look Inside!

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Excerpt:

15. What must a government official
prove in order to win a defamation
suit against a private citizen?

She must prove that D, with actual
malice, published a false story that
damaged her reputation in the eyes of
respectable people.

Actual malice means that D published
with knowledge of falsity, or reckless
disregard for the truth.

Note that all defamation publication must
be either intentional or negligent.

An innocent or non-negligent publication
will not support any kind of defamation
action against any kind of defendant
because of first amendment free speech
rights.

Examine your facts to see that the
publication qualifies.

Publication means causing someone
other than the plaintiff to hear or read the
defamatory thing and understand it in its
defamatory sense. Perhaps with a little
help from previously known facts.

Opinions are not defamatory and are a
defense; but if they contain false facts or
false innuendo they are defamatory.