MBE® Flashcard

WHAT ARE THE CONSTITUTIONAL RESTRICTIONS ON THE REGULATION OF DEFAMATORY SPEECH FOR A PUBLIC OFFICIAL/FIGURE ON A MATTER OF PUBLIC CONCERN? ON A MATTER OF PRIVATE CONCERN?

 

 

The plaintiff must prove the state law requirements of defamation, plus actual malice, which is defined as knowledge of the falsity or reckless disregard of the truth or falsity of the statement. This rule holds whether the allegedly defamatory statement is a matter of public or private concern.

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