MBE® Flashcard
IS TRUTH A DEFENSE TO DEFAMATION?
Historically, falsity was presumed once the plaintiff established the publication of a defamatory communication. In other words, truth was a substantial defense. The defendant had to prove that the communication was substantially true.
Today, in all defamation cases, except possibly those where the plaintiff is a private plaintiff and the matter is of private concern, the plaintiff must prove falsity as part of her prima facie case.
............................................................................................
Daily MBE Flashcards from PMBR help you stay sharp for the bar exam with one fact a day. If you're not already receiving them, click here to signup for free.
Ready for more intense practice?
The PMBR Qbank Enhanced includes 700 Flashcards and 2,000 practice questions with detailed explanations. Learn More