JOUR 275 Lecture Notes - Lecture 25: Actual Malice
21 Oct 2018
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9-0 nyt: what was the courts reasoning not an act of actual malice freedom of speech/press. Costs of libel: attorney costs, damage to journalistic reputation. The plaintiff"s case: a statement of fact, it is published, of and concerning plaintiff, that injures reputation, false, caused damage or harm, result of fault by the defendant. Defamation: statements that expose a person to hatred or contempt, lower that person in the esteem of friends & associates or hurt their business. Group members whose group is defamed may not generally sue (less than 25: causation. Plaintiff in a defamation suit must allege and prove that the actions of the defendant were the logical and proximate cause of the claimed injury: falsity. Most libel plaintiffs in most situations must demonstrate that the statements about them are false: actual malice. To defeat a claim of actual malice, the defendants in suits brought by public person. Knew that what they were publishing was false.
