SC Bar Practice Questions - South Carolina Bar Examination Exam

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A newspaper publishes a false statement that a private figure committed tax fraud, causing reputational harm on a matter of private concern. To recover actual damages for defamation, what must this private-figure plaintiff prove regarding the defendant's fault?

At least negligence as to the truth or falsity of the statement Actual malice — knowledge of falsity or reckless disregard for the truth Strict liability with no fault requirement Intent to defame the specific plaintiff

Correct Answer:

At least negligence as to the truth or falsity of the statement

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