Despite the critical importance of the legal system to protect the reputations of individuals through defamation law, Florida law remains unsettled regarding a crucial issue in many defamation cases: whether the plaintiff has the burden to prove the defamatory statements said about them are false, or whether the defendant must instead prove the defamatory statements are true.
The lack of clarity in Florida law regarding this burden of proof has confused judges and continues to create uncertainty for those who have been defamed and seek relief through Florida’s legal system. This particular true or false exam has yet to be definitively answered by Florida courts.
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