TN Bar Practice Questions - Tennessee Bar Examination Exam

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A defendant publishes a false statement on social media accusing a private figure of committing a crime, causing reputational harm. To recover for defamation on a matter of public concern, what must the private-figure plaintiff prove regarding fault?

Actual malice, meaning knowledge of falsity or reckless disregard That the defendant acted with criminal intent No fault at all; defamation is strict liability At least negligence as to the falsity of the statement

Correct Answer:

At least negligence as to the falsity of the statement

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