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Defenses to libel that can result in dismissal before trial include the statement being one of opinion rather than fact or being "fair comment and criticism", though neither of these are imperatives on the US constitution. Truth is an absolute defense against defamation in the United States, [1] meaning true statements cannot be defamatory. [2]
This doctrine is applied in matters in which truth is used as an absolute defence to a defamation claim brought against a public figure, but only false statements made with "actual malice" are subject to sanctions. [2] A defendant using truth as a defence in a defamation case is not required to justify every word of the alleged defamatory ...
Since a statement can only be defamatory if it harms another person's reputation, another defence tied to the ability of a statement to be defamatory is to demonstrate that, regardless of whether the statement is true or is a statement of fact, it does not actually harm someone's reputation.
This case relied on the issue of actual malice, which involves the defendant making a statement known at the time to be false, or which was made with a "reckless disregard" of whether the statement was true or false. If "actual malice" cannot be shown, the defense of "fair comment" is then superseded by the broader protection of the failure by ...
Members of the “Central Park Five” sued former President Donald Trump on Monday over “false and defamatory” statements they allege he made about their 1989 case during a presidential ...
This term was adopted by the Supreme Court in its landmark 1964 ruling in New York Times Co. v. Sullivan, [2] in which the Warren Court held that: . The constitutional guarantees require, we think, a Federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with 'actual malice ...
"While Defendants attempt to analogize AB 2839 to a restriction on defamatory statements, the statute itself does not use the word 'defamation' and by its own definition, extends beyond the legal ...
Earlier this year, the federal judge overseeing Trump’s lawsuit against the network rejected ABC’s arguments that the statements were “substantially” true and thus protected under Florida ...