Substrate Record: qid 1028

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qid 1028 · law

Question: A newspaper published a story about a U. S. senator having close ties to people suspected of being involved in organized crime. The senator claimed that the allegations in the newspaper story were false, and he brought a defamation action against the newspaper. Which of the following is the most accurate statement with regard to the newspaper's liability?

1. The newspaper would be liable regardless of the truth of the allegations due to the damaging nature of the report.
2. Because the senator is a public figure, he has the burden of proof to show malice on the part of the newspaper.
3. The newspaper would not be liable if it can prove the story was based on credible sources.
4. The newspaper would not be liable because, under the First Amendment's freedom of the press, the newspaper was privileged to publish the story.
5. The senator must prove that the newspaper had a personal vendetta against him to hold the newspaper liable.
6. A qualified privilege of fair comment existed because the newspaper was reporting on a matter of public interest.
7. The newspaper would be relieved of any liability for defamation because the senator is a public figure.
8. The newspaper would be relieved of any liability for defamation because an absolute privilege existed.
9. The senator must not only prove malice, but also that the newspaper's report directly resulted in personal or professional harm.

Our answer: B. Because the senator is a public figure, he has the burden of proof to show malice on the part of the newspaper. Source quote machine-checked (exact quote)

A machine check confirms the quoted words appear at the source. A person has not yet reviewed these. EARN MARKS as a Human Reviewer