Asked by Allison Brown on Jun 25, 2024

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In Bertrand v.Mullin,the case in the text,the court held that:

A) the evidence demonstrated that the defendant's failure to write the advertisement in a different way amounted to actual malice.
B) the evidence demonstrated that the defendant had a high degree of subjective awareness of falsity.
C) the evidence failed to show actual malice and the plaintiff could not establish a defamation claim.
D) the evidence failed to show that the defendant knowingly made a false statement.

Actual Malice

In defamation law, the condition where a statement is made knowing it is false or with reckless disregard for its truth.

Defamation Claim

A Defamation Claim involves a legal accusation that an individual made false statements that caused harm to someone's reputation.

  • Comprehend the utilization of negligence criteria within defamation lawsuits, concentrating on the accountability of initial publishers and disseminators.
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JM
Jennifer MartinJun 27, 2024
Final Answer :
C
Explanation :
The court concluded that the evidence failed to establish actual malice.The failure to write the advertisement in a way to avoid the false implication may have been negligence,but it did not rise to the level of reckless disregard for the truth.The evidence failed to support the high degree of subjective awareness of falsity needed for a public official to recover for defamation.