Defamation Flashcards
Public official
Person empowered with significant responsibility and discretion in managing public affairs
Public figure
Person with stature, fame or credibility or who’s personality require attention
• Have influence on public discourse
Become public figure two ways
- Achieve general fame or notoriety in the community
* Voluntarily inject themselves or drawn into particular controversy
Civil damages (public official)
Public official cannot get civil damages for defamation regarding public affairs unless they prove that the statements were made with actual malice (NY times case)
Actual malice definition
With knowledge that it was false or with reckless disregard of whether it was false or not
To prove actual malice
By clear and convincing evidence.
Actual malice factors
- Speaker had made previously contrary statements
- Abundance of readily available info that statement was false
- Speaker entertained serious doubts?
- Obvious reasons to doubt the source?
- Relevant of factor
What’s not malice
o Failure to investigate without more is not actual malice. Requires additional evidence such as obvious reasons
o Not enough if failed to check with internal info
Candidates
Are also covered as long as the conduct relates to an official duty
Wife of famous
Not public figure. But may thrust.
Private individuals
- Public officials have voluntarily exposed themselves to increased risk of injury from defamatory falsehoods concerning them. No such assumption is justified to a private individual.
- Thus, a state can allow a private individual to collect a civil damage for defamation, without a showing of actual malice.
Emotional distress
public figures and public officials may not recover for the tort of intentional infliction of emotional distress by reason of publications without showing that the publication contains a false statement of facts which was made with actual malice.
