AP US Government and Politics Quiz
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CIVIL LIBERTIES AND CIVIL RIGHTS
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A private citizen sues a tabloid for false statements about a nonpublic matter. What fault standard is generally required?
A
Strict liability always applies in defamation; any false factual statement about a private person triggers damages without proving fault.
B
Actual malice is always required for all plaintiffs, because the First Amendment forbids liability unless the publisher knew it was false.
C
At least negligence is generally required for private plaintiffs; states may set standards, but cannot impose liability without fault.
D
No fault is required if the story is entertaining; tabloids are exempt from defamation law because they are not "serious" journalism.
E
The plaintiff must show clear and present danger, because defamation is punished only when it threatens imminent lawless action.
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