PA Bar Practice Questions - Pennsylvania Bar Examination Exam

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A newspaper publishes a false statement that a private-figure plaintiff embezzled funds, causing reputational harm. The statement involved a matter of public concern. Under Gertz v. Robert Welch, Inc., what must the private-figure plaintiff prove regarding the defendant's fault to recover actual damages?

Actual malice (knowledge of falsity or reckless disregard) Only that the statement was published Strict liability for any false statement At least negligence as to the statement's falsity

Correct Answer:

At least negligence as to the statement's falsity

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