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[1] [2] The decision held that if a plaintiff in a defamation lawsuit is a public official or candidate for public office, then not only must they prove the normal elements of defamation—publication of a false defamatory statement to a third party—they must also prove that the statement was made with "actual malice", meaning the defendant ...
The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...
Truth is an absolute defense against defamation in the United States, [1] meaning true statements cannot be defamatory. [ 2 ] Most states recognize that some categories of false statements are considered to be defamatory per se , such that people making a defamation claim for these statements do not need to prove that the statement caused them ...
Danny Elfman has lost a bid to dismiss a defamation lawsuit brought by fellow composer Nomi Abadi over statements he made to Rolling Stone in 2023 that were included in an investigative piece ...
Exxon Mobil Corp. filed a federal defamation lawsuit against California Attorney General Rob Bonta and several environmental groups, months after Bonta sued the oil and gas giant alleging that it ...
made a false and defamatory statement concerning the plaintiff; shared the statement with a third party (that is, somebody other than the person defamed by the statement); if the defamatory matter is of public concern, acted in a manner which amounted at least to negligence on the part of the defendant; and; caused damages to the plaintiff.
Hunter, the president's son, was accused of failing to file and pay $1.4 million in taxes, filing false information, and claiming false and fraudulent business deductions.
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 ...