In a libel or slander case, what must be proven?

Explore the Foundations of American Democracy and Federalism Test. Optimize your study with engaging quizzes, flashcards, and multiple choice questions that include insightful hints and explanations. Prepare thoroughly for your exam success!

In a libel or slander case, it must be proven that the allegations are false and damaging. This is fundamental to the nature of defamation claims, which hinge on the idea that an individual’s reputation has been harmed through untrue statements. If the statements made are true, even if they cause harm, they do not constitute defamation, because the truth serves as a complete defense in these cases. Additionally, for a statement to be considered damaging, it typically needs to be demonstrated that it negatively impacted the individual's reputation or resulted in a tangible loss. This framework ensures that free speech rights are balanced against the protection of individuals from unfounded attacks on their character.

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