Recent Decision Shows the Heavy Burden of Actual Malice in Defamation Suits

Ever since the landmark case New York Times Co. v. Sullivan, 376 U.S. 254 (1964), to succeed on a defamation claim, plaintiffs who are also public figures have a constitutional requirement to show that the defendant acted with “actual malice”—i.e., knowledge that the allegedly defamatory statement was false or reckless disregard as to its truth or falsity. This requirement is buttressed by anti-SLAPP statutes enacted in many states....
By: Axinn, Veltrop & Harkrider LLP

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