Crucial Exams

Multistate Bar Examination Practice Question

A journalist published a newspaper article alleging that a local business owner engages in fraudulent practices. The article cited unidentified sources and contained factual errors. The business owner claims this article has harmed their reputation. Which of the following elements must the business owner prove to prevail in a defamation lawsuit if the business owner is considered a private individual and the publication pertains to a matter of public interest?

  • The business owner must prove that the journalist intentionally harmed their reputation by publishing the article.

  • The business owner must prove that the article was published with actual malice, meaning the journalist knowingly published false information or acted with reckless disregard for the truth.

  • The business owner must prove that the article caused substantial mental anguish and financial harm.

  • The business owner must prove that the journalist's statements were false, published negligently, and caused harm to their reputation.

Multistate Bar Examination
Torts
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