Logo

In assessing a defamation claim, what must a plaintiff prove when a statement is a matter of public concern?

Bar Exam Prep β€Ί Torts β€Ί Defamation β€Ί In assessing a defamation claim, what must a plaintiff prove when a statement is a matter of public concern?
πŸ‘€ Torts β€’ Defamation TORT#089

Legal Definition

When a statement is a matter of public concern, the plaintiff must additionally prove: (1) falsity, and (2) fault.

Plain English Explanation

People have a Constitutional right to spread and share information that is a matter of public concern, meaning issues that affect or involve the public, our communities, politics, are newsworthy, etc. For this reason, when a statement involves such a topic, a plaintiff must additionally prove "falsity" and "fault."

A plaintiff proves falsity by showing that the statement is false/untrue.

"Fault" means the type of fault that plaintiff is claiming against the defendant and depends on the type of defendant. Where the defendant is a public figure, "fault" is proven via malice, which means that the person had knowledge that their statements were false or that they went out of their way to ignore finding out the truth. Where the defendant is a private figure, "fault" is proven via the negligence standard.
Law School Boost Robot

Get Law School Boost for Free!

Law School Boost makes studying for law school and the Bar easier using our science-backed, A.I.-driven, adaptive flashcards with integrated hypos, plain English legal translations, and memorable illustrations. Start now for FREE!