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.
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