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The acronym was coined in the 1980s by University of Denver professors Penelope Canan and George W. Pring. [13] The term was originally defined as "a lawsuit involving communications made to influence a governmental action or outcome, which resulted in a civil complaint or counterclaim filed against nongovernment individuals or organizations on a substantive issue of some public interest or ...
However, the Court also ruled that if the state standard is lower than actual malice, the standard applying to public figures, then only actual damages may be awarded. [ 1 ] The consequence is that strict liability for defamation is unconstitutional in the United States; the plaintiff must be able to show that the defendant acted negligently or ...
In United States defamation law, actual malice is a legal requirement imposed upon public officials or public figures when they file suit for libel (defamatory printed communications). Compared to other individuals who are less well known to the general public, public officials and public figures are held to a higher standard for what they must ...
Some states codify what constitutes slander and libel together into the same set of laws. Some states have criminal libel laws on the books, though these are old laws which are very infrequently prosecuted. Washington State has held its criminal libel statute unconstitutional applying the state and federal constitutions to the question. [13]
The most common federal tort claim is the 42 U.S.C. § 1983 remedy for violation of one's civil rights under color of federal or state law, which can be used to sue for anything from a free speech claim to use of excessive force by the police.
Carol Burnett v. National Enquirer, Inc. was a decision by the California Court of Appeal, which ruled that the "actual malice" required under California law for imposition of punitive damages is distinct from the "actual malice" required by New York Times Co. v. Sullivan to be liable for defaming a "public figure", and that the National Enquirer is not a "newspaper" for the purposes of ...
Unlike libel or slander, truth is not a defense for invasion of privacy." [ 13 ] Disclosure of private facts includes publishing or widespread dissemination of little-known, private facts that are non-newsworthy, not part of public records, public proceedings, not of public interest, and would be offensive to a reasonable person if made public.
Neutral reportage is a common law defense against libel and defamation lawsuits usually involving the media republishing unproven accusations about public figures. [1] It is a limited exception to the common law rule that one who repeats a defamatory statement is just as guilty as the first person who published it.