Gazette v Harris

Question 1

What did Gazette v. Harris decide for defamation?

Answer 1

Public official cannot recover for defamation relating to official conduct unless proof of actual malice. Actual malice may be proven through deliberate falsification or reckless publication. Standard of proof is clear and convincing evidence. Public figure may recover for defamation upon showing of highly unreasonable conduct constituting extreme departure from standards of investigation and reporting ordinarily adhered to. As long as states do not impose liability without fault they may define for themselves appropriate standard for publisher of defamatory falsehood injurious to private individual.

Question 2

What must public officials, all-purpose public figures, and limited-purpose public figures prove?

Answer 2

That the defendant acted with actual malice

Question 3

What is actual malice?

Answer 3

Knowing that the statements were false or recklessly disregarding their falsity.

Question 4

What is the Virginia standard of actual malice?

Answer 4

(1) publication is false and (2) defendant lacked reasonable grounds to believe statement true; or (3) defendant acted negligently in failing to ascertain facts.