Question

Joan is intent on getting the City of Westview to build more bike lanes. She has written many letters to the local paper, been a guest on local radio talk shows, appeared numerous times before the city council, and even paid for a billboard urging her cause. One day a local radio station talk show host says that two years ago Joan ran her car into a bicyclist who was riding in a bike lane. Joan says the story is false and sues the station (and the show host) for libel. What level of fault will Joan have to prove, and why?

a. actual malice, because the majority of states require plaintiffs suing the press for libel to prove actual malice

b. negligence, because Joan is a private individual

c. negligence, because the libelous statement does not directly relate to the public controversy

d. actual malice, because Joan is a limited-purpose public figure as she voluntarily thrust herself into a public controversy

Answer

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