- The defendant knew or should have know that he or she was making an untrue or defamatory statement about you. (Yes, they edited the photo.)
- The false statement must clearly identify you. (It's a clear photo.)
- The defendant must have spread the false information to at least one third party who is not the target. For a libel case, they must do so in print, and for a slander case, they must do so verbally. (They posted it on Social Media.)
- The false statement must have damaged your character in some way. (Probably? This is the hardest one, but it's reasonable that the message that a "Far-Left" agitator would cry when arrested, rather than being stoic and strong could cause damage to her reputation or character.
https://askalawlibrarian.nycourts.gov/legalresearch/faq/3677...