150k views
2 votes
What is required for defamation suits against a public figure?

a) Proof of damages
b) Proof of truth
c) Proof of malice or reckless disregard for the truth
d) Proof of intent

1 Answer

5 votes

Final answer:

In a defamation suit against a public figure, the plaintiff must prove that the defamatory statement was made with actual malice or reckless disregard for the truth, as established by the New York Times v. Sullivan case.

Step-by-step explanation:

When it comes to defamation suits against a public figure, there are specific requirements that must be established for the suit to be successful. One key aspect is proof of malice or reckless disregard for the truth. This stems from landmark cases such as New York Times v. Sullivan, which established that a public official must prove that a defamatory statement was made with actual malice.

Actual malice means that the statement was made either with knowledge of its falsity or with a reckless disregard of whether it was false or not. Additionally, in cases involving public figures, Gertz v. Robert Welch, Inc. clarified that states are allowed to have their own standards for defamation against private individuals, but not without fault, and only actual damages may be awarded if the state standard is lower than actual malice.

User Eric Levine
by
8.6k points