ND Bar Practice Questions - North Dakota Bar Examination Exam

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A newspaper publishes a false statement that a private figure embezzled money from a charity, harming her reputation. She sues for defamation. As a private figure suing on a matter of public concern, she must prove, in addition to a false defamatory statement of fact published to a third party, at least:

Negligence as to the statement's truth, and actual damages, under Gertz v. Robert Welch Actual malice (knowledge of falsity or reckless disregard) in every case Nothing beyond publication, because defamation is strict liability That the statement was an opinion

Correct Answer:

Negligence as to the statement's truth, and actual damages, under Gertz v. Robert Welch

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