Final answer:
To recover punitive damages for defamation, a public official or public figure must prove the defamation occurred with 'actual malice,' meaning with knowledge of its falsity or with reckless disregard for the truth, as established by the New York Times Co. v. Sullivan case.
Step-by-step explanation:
Proving Punitive Damages for Defamation
To recover punitive damages for defamation, a plaintiff must establish certain elements. Specifically, when the plaintiff is a public official or a public figure, they must prove the statement was made with "actual malice". According to the pivotal New York Times Co. v. Sullivan case, actual malice entails the knowledge that the statement was false or a reckless disregard for whether it was true or false. This high standard is meant to strike a balance between protecting individuals from defamation and safeguarding free speech, particularly when it pertains to debate on public issues or the conduct of public officials.
For private individuals, states can set their own standards as long as liability is not imposed without fault, as per Gertz v. Robert Welch, Inc. However, if a state's standard is lower than actual malice, only actual damages may be awarded, not punitive damages. In cases involving the media, the court applies a rigorous test to distinguish whether opinions, which are protected, from false statements of fact which may constitute defamation and are not protected under free speech.