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The Title 28 of the United States Code QUESTION #3726
Question 1
A journalist publishes a story stating that a local politician took a bribe. The story is false, but the journalist believed it was true based on an anonymous (but usually reliable) source. The politician sues for defamation. What is the standard of proof?
  • Negligence.
  • Strict liability.
  • Actual Malice (knowledge of falsity or reckless disregard for the truth).✔️
  • Preponderance of the evidence.
Correct Answer Explanation
Under New York Times Co. v. Sullivan, a public official must prove 'actual malice' to recover for defamation. Simple negligence or an honest mistake is not enough.