Actual malice requires sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of the publication.
A political candidate broadcast a televised speech containing false statements about a public official's alleged criminal misconduct. The official sued for defamation, alleging actual malice. The court addressed whether the defendant acted with reckless disregard for the truth. To establish actual malice, the plaintiff must show that the defendant entertained serious doubts as to the truth of the publication. The court held that reckless disregard is not measured by whether a reasonably prudent person would have investigated, as a failure to investigate does not in itself establish bad faith. Because there was no evidence the defendant was aware of the probable falsity of the statements, the actual malice standard was not met.
At page 731 Defining reckless conduct and actual malice in defamation642 citing cases“there must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.”
- Noel v. Collier-Key, No. C102784 (Cal. Ct. App. Aug. 7, 2026).unpublished (There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication)
- Oskouei v. Matthews, 912 S.E.2d 651 (Ga. 2025).published (There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.)
- Angela M. Greene v. City of Portsmouth, No. 1461221 (Va. Ct. App. Mar. 19, 2024).unpublished([R]eckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit the conclusion that the defendant i…)
- Kanaga v. Landon, No. 19-01038 (Bankr. N.D. Okla. Jan. 30, 2024). Amant, 390 U.S. at 732 (“[R]ecklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports.”). 66 See, e.g., Pls.’ Written Closing Arg. 5, ECF No. 122. 23 and as a result, her…
- Boone v. Newsweek LLC, No. 2:22-cv-01601 (E.D. Pa. Feb. 27, 2023).([R]eckless conduct is not measured by whether a reasonably prudent man would have published.)
- Page v. Oath Inc., 270 A.3d 833 (Del. 2022).published ([R]eckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit the conclusion that the defendant i…)
- Am. Civil Liberties Union, Inc. v. Zeh, 864 S.E.2d 422 (Ga. 2021).published (It may be said that [the actual malice] test puts a premium on ignorance, encourages the irresponsible publisher not to inquire, and permits the issue to be determined by the defendant’s testimony that he published the…)
- Russell Henry v. Media Gen. Operations, Inc., 254 A.3d 822 (R.I. 2021).published([R]eckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing.)
- Tah v. Global Witness Publ'g, Inc, 413 F. Supp. 3d 1 (D.D.C. 2019).published Amant, 390 U.S. at 732 (“But to insure the ascertainment and publication of the truth about public affairs, it is essential that the First Amendment protect some erroneous publications as well as true ones.”). 8 As a member of the HTC and…
- Competitive Enter. Inst. & Rand Simberg v. Michael Mann, No. 14-CV-101 (D.C. Dec. 13, 2018).published ([R]eckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing.)
Show 188 more citing cases
- Smith v. Anonymous Jt. Enter., 793 N.W.2d 533 (Mich. 2010).published “There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.”
- Davis v. Costa-Gavras, 654 F. Supp. 653 (S.D.N.Y. 1987).published([Rjeckless conduct is not measured by whether a reasonably prudent man would have published or would have investigated before publishing.)
- Greene v. Paramount Pictures Corp., 340 F. Supp. 3d 161 (E.D.N.Y. 2018).published (There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.)
- Nelle v. Who Television, LLC, 342 F. Supp. 3d 879 (S.D. Iowa 2018).published (There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.)
- Angela Horne v. WTVR, LLC, 893 F.3d 201 (4th Cir. 2018).published (There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.)
- Competitive Enter. Inst. & Rand Simberg v. Michael E. Mann, Nat'l Review, Inc. v. Michael E. Mann, 150 A.3d 1213 (D.C. 2016).published ([Reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing.)
- Makaeff v. Trump Univ., LLC, 26 F. Supp. 3d 1002 (S.D. Cal. 2014).published ([Rjeckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit the conclusion that the [defamation…)
- Allen v. City of Jackson, 981 F. Supp. 2d 738 (W.D. Tenn. 2013).published(reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit the conclusion that the defendant in…)
- Biro v. Condé Nast, 963 F. Supp. 2d 255 (S.D.N.Y. 2013).published “concededly the reckless disregard standard may permit recovery in fewer situations than would a rule that publishers must satisfy the standard of the reasonable man or the prudent publisher.”
- Kendall v. Daily News Publ'g Co., 55 V.I. 781 (2011).published “evidence of either deliberate falsification or reckless publication despite the publisher's awareness of probable falsity is essential to recovery by public officials in defamation actions.”
- Ferguson v. Williams & Hunt, Inc., 2009 UT 49, 221 P.3d 205.published (There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication.)
- Jackson v. Hartig, 645 S.E.2d 303 (Va. 2007).published([R]eckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit the conclusion that the defendant i…)
- In Re Enron Corp. Sec., Derivative, 511 F. Supp. 2d 742 (S.D. Tex. 2005).published“necessity for showing that a false publication was made with a 'high degree of awareness of probable falsity”
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- Bill Charles v. Donna McQueen, 693 S.W.3d 262 (Tenn. 2024).published
- Franchini v. Bangor Publ'g Co., Inc., 109 F.4th 13 (1st Cir. 2024).published
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- Tri-Corp Hous., Inc. v. Robert Bauman, No. 2022AP000993 (Wis. Ct. App. Aug. 27, 2024).unpublished
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- Akarah v. Ohio Dept. of Rehab. & Corr., 2024-Ohio-4499, 253 N.E.3d 712.published
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- Tamar Herman v. Ibtihaj Muhammad, 329 A.3d 1072 (N.J. Super. Ct. App. Div. 2024).unpublished
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- Jevremovic v. Courville, No. 3:22-cv-04969 (D.N.J. Aug. 30, 2024).unpublished
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- Immanuel v. Cooper, No. 4:22-cv-02031 (S.D. Tex. Aug. 1, 2022).
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- Bisetti v. City Of Austin, No. 1:19-cv-00616 (W.D. Tex. Sept. 30, 2022).
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- Flanagan v. Scearce, No. 7:19-cv-00413 (W.D. Va. May 27, 2020).
- Minnix v. Sinclair Television Grp., Inc., No. 7:23-cv-00091 (W.D. Va. May 19, 2023).
- Poleon v. Gov't of the Virgin Islands, No. 1:13-cv-00024 (D.V.I. Aug. 8, 2018).
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- Next Tech. Inc. v. Beyond The Off. Door, LLC, No. 3:19-cv-00217 (W.D. Wis. June 10, 2020).
- Blankenship v. Trump, 558 F. Supp. 3d 316 (S.D. W. Va. 2021).published
- Blankenship v. Boston Globe Media Partners, LLC, No. 2:19-cv-00589 (S.D. W. Va. Feb. 2, 2022).
- Blankenship v. NBCUniversal, LLC, No. 2:20-cv-00278 (S.D. W. Va. Feb. 2, 2022).
- Blankenship v. Fox News Network, LLC, No. 2:19-cv-00236 (S.D. W. Va. Feb. 2, 2022).
- Blankenship v. Trump, No. 2:19-cv-00549 (S.D. W. Va. Mar. 30, 2023).
- Brian J. Stone v. Susan Bruce, No. 2018-0230 (N.H. Nov. 27, 2018).unpublished
- Flynn v. Wilson, 398 So. 3d 1103 (Fla. 2d DCA 2024).published
- Guenther v. Emmons, No. 2:22-cv-00272 (E.D. Wash. Dec. 11, 2024).
- Christopher Harborne v. Dow Jones & Co., Inc. d/b/a The Wall Street Journal, No. N24C-02-292 (Del. Super. Ct. Dec. 23, 2024).published
- Yacko v. Gen. Motors Co., No. 1:23-cv-01578 (N.D. Ohio Dec. 26, 2024).
- Ortolano v. City of Nashua, NH, No. 1:22-cv-00326 (D.N.H. Mar. 10, 2025).
- Shock v. Kettman, 21 N.W.3d 168 (Iowa Ct. App. 2025).published
- Murray v. Shaw, No. 2024-0640 (D.D.C. Mar. 26, 2025).published
- Michael Rose v. Borough of Oakland, No. A-3145-23 (N.J. Super. Ct. App. Div. Mar. 27, 2025).unpublished
- Kentucky Democratic Party v. Jerry (Jerome) Gearding, No. 2023-CA-1268 (Ky. Ct. App. Apr. 18, 2025).unpublished
- Jerry Gearding v. Kentucky Democratic Party, No. 2023-CA-1317 (Ky. Ct. App. Apr. 18, 2025).unpublished
- Charleston CW, LLC v. Charleston Animal Soc'y, No. 2022-001114 (S.C. Ct. App. Apr. 30, 2025).unpublished
- Tallman v. Spencer, No. 2:23-cv-01773 (D. Or. Apr. 14, 2025).
- Carroll v. Trump, 141 F.4th 366 (2d Cir. 2025).published
- Larry Nikola v. Altice USA, Inc., No. A-1164-22 (N.J. Super. Ct. App. Div. July 24, 2025).unpublished
- Alan Dershowitz v. Cable News Network, Inc., 153 F.4th 1189 (11th Cir. 2025).published
- Very Reverend Georges F. de Laire, J.C.L. v. Gary Michael Voris, Anita Carey, St. Michael’s Media a/k/a Church Militant, & Marc Ballestrieri, 2023 DNH 095 (D.N.H. 2023).published
- Laurie Ortolano v. P City of Nashua, et al., 2025 DNH 033 (D.N.H. 2025).published
- Michalczyk v. Vesey, 2025 NY Slip Op 51614(U) (N.Y. Sup. Ct., Suffolk Cty. 2025).unpublished
- Micahn T. Carter v. Mary E. Jones, 581 P.3d 1050 (Wash. Ct. App. 2025).published
- Albert H. Wunsch, III v. Cte Republicans for Englewood Cliffs, 351 A.3d 648 (N.J. Super. Ct. App. Div. 2026).published
- A.R.P. v. City of New York, 2026 NY Slip Op 50118(U) (N.Y. Sup. Ct., New York Cty. 2026).unpublished
- Capitol Intelligence Grp., Inc. v. Waldman, 352 A.3d 783 (D.C. 2026).published
- McGillvary v. Rolling Stone, LLC, No. 25-1599 (2d Cir. Apr. 8, 2026).unpublished
- Carroll v. Trump, 175 F.4th 100 (2d Cir. 2026).published
- Hobson v. Green Fin. Auth., No. 2026-0531 (D.D.C. June 30, 2026).published
- Howard, No. 3:19-cv-00079 (M.D. La. July 1, 2026).
- Norman Wang v. Univ. of Pittsburgh, 181 F.4th 301 (3d Cir. 2026).published
- Lianna Nguyen v. Christopher D. Hunt, No. 2025-CA-0431 (Ky. Ct. App. July 17, 2026).unpublished
- Bondar, No. 1:25-cv-12226 (N.D. Ill. Aug. 25, 2026).
- Richard A. Weber, Eric Elam, & Joe Palmer v. Frank Fernandez, No. 02-18-00275-CV (Tex. App.—Fort Worth Mar. 28, 2019).published
- Justin Fairfax v. CBS Corp., 2 F.4th 286 (4th Cir. 2021).published
- Campbell v. Pa. Sch. Boards Ass'n, 336 F. Supp. 3d 482 (E.D. Pa. 2018).published
- Franchini v. Bangor Publ'g Co., 383 F. Supp. 3d 50 (D. Me. 2019).published
- David Stokes v. Oconee Cnty., 895 S.E.2d 689 (S.C. Ct. App. 2023).published
- Diaz v. Gazmey Santiago, No. 3:18-cv-01779 (D.P.R. Mar. 3, 2020).
- Gilmore v. Jones, No. 3:18-cv-00017, 2021 WL 68684 (W.D. Va. Jan. 8, 2021).
- Inkmango, Inc. v. Warren, 2024 NY Slip Op 33969(U) (N.Y. Sup. Ct., New York Cty. 2024).unpublished
- Bank of Oregon v. Indep. News, Inc., 693 P.2d 35 (Or. 1985).published“high degree of awareness of * * * probable falsity”
At page 732 Determining actual malice in defamation cases193 citing cases“recklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports.”
- Kanaga v. Landon, No. 19-01038 (Bankr. N.D. Okla. Jan. 30, 2024). ([R]ecklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports.)
- Page v. Oath Inc., 270 A.3d 833 (Del. 2022).published Amant, 390 U.S. at 731 (“[R]eckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing.
- Am. Civil Liberties Union, Inc. v. Zeh, 864 S.E.2d 422 (Ga. 2021).published Amant v. Thompson, 390 U.S. 727, 731-732 (88 SCt 1323, 20 LE2d 262) (1968) (“It may be said that [the actual malice] test puts a premium on ignorance, encourages the irresponsible publisher not to inquire, and permits the issue to be deter…
- Tah v. Global Witness Publ'g, Inc, 413 F. Supp. 3d 1 (D.D.C. 2019).published (But to insure the ascertainment and publication of the truth about public affairs, it is essential that the First Amendment protect some erroneous publications as well as true ones.)
- Competitive Enter. Inst. & Rand Simberg v. Michael Mann, No. 14-CV-101 (D.C. Dec. 13, 2018).published Amant v. Thompson, 390 U.S. 727, 731 (1968) (“[R]eckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing.”).
- Brandon Darby v. the New York Times Co. & James C. McKinley, Jr., No. 14-0265 (Tex. Feb. 4, 2015).published (The defendant in a defamation action … cannot, however, automatically insure a favorable verdict by testifying that he published with a belief that the statements were true. The finder of fact must determine whether th…)
- Smith v. Anonymous Jt. Enter., 793 N.W.2d 533 (Mich. 2010).published (The defendant in a defamation action brought by a public official cannot.. . automatically insure a favorable verdict by testifying that he published with a belief that the statements were true. The finder of fact must…)
- Wisconsin Jud. Comm'n v. Gableman, 2010 WI 61, 784 N.W.2d 605.published([N]either lies nor false communications serve the ends of the First Amendment"; applying the "actual malice" standard to *607 follow "the line which our cases have drawn between false communications which are protected…)
- Murphy v. Boston Herald, Inc., 865 N.E.2d 746 (Mass. 2007).published (recklessness may be found when there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports)
- Chafoulias v. Peterson, 642 N.W.2d 764 (Minn. Ct. App. 2002).published (recklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of [the] reports)
Show 183 more citing cases
- Lino Celle & Radio Mindanao Network Usa, Inc. v. Filipino Reporter Enter. Inc. & Libertito Pelayo, 209 F.3d 163 (2d Cir. 2000).published (The defendant in a defamation action brought by a public official cannot . . . automatically insure a favorable verdict by testifying that he published with a belief that the statements were true.)
- Clint Eastwood v. Nat'l Enquirer, Inc., Clint Eastwood v. Nat'l Enquirer, Inc., 123 F.3d 1249 (9th Cir. 1997).published(Failure to investigate does not in itself establish bad faith.)
- Clyburn v. News World Commc'ns, Inc., 705 F. Supp. 635 (D.D.C. 1989).published(recklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports)
- Competitive Enter. Inst. & Rand Simberg v. Michael E. Mann, Nat'l Review, Inc. v. Michael E. Mann, 150 A.3d 1213 (D.C. 2016).published Amant v. Thompson, 390 U.S. 727, 731 , 88 S.Ct. 1323 , 20 L.Ed.2d 262 (1968) (“[Reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing.”).
- Scripps NP Operating, LLC, a Wisconsin Ltd. Liab. Co., Successor in Interest to Scripps Texas Newspapers, LP D/B/A Corpus Christi Caller-Times & the E.W. Scripps Co. v. Terry Carter, No. 13-15-00506-CV (Tex. Crim. App. May 12, 2016).published Whitmore “confirmed” to the Caller-Times that Carter’s bonus depended on the Chamber’s financial performance,269 even though she had in fact never 264 2CR1503, Appendix 3P (article, 29 Feb. 2008) (“Whitmore said she was concerned about ‘de…
- Rick Bertrand v. Rick Mullin & the Iowa Democratic Party, 846 N.W.2d 884 (Iowa 2014).published ([R]ecklessness may be found where there are obvious reasons to doubt the veracity of the informant or the 20 accuracy of his reports.)
- Rickert v. State, Pub. Disclosure Com'n, 168 P.3d 826 (Wash. 2007).published “n either lies nor false communications serve the ends of the first amendment”
- In Re Charges of Unprofessional Conduct Involving File No. 17139, 720 N.W.2d 807 (Minn. 2006).published ([R]ecklessness may be found where there are obvious reasons to doubt the veracity of the [defendant's] informant or the accuracy of his reports.)
- Chafoulias v. Peterson, 668 N.W.2d 642 (Minn. 2003).published ([Rjecklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports.)
- Suzuki Motor Corp. & Am. Suzuki Motor Corp. v. Consumers Union of United States, Inc., a Non-Profit New York Corp., 330 F.3d 1110 (9th Cir. 2003).published “the defendant in a defamation action ... can not ... automatically insure a favorable verdict by testifying that he published with a belief that the statements were true.”
- Suzuki Motor Corp. & Am. Suzuki Motor Corp. v. Consumers Union of United States, Inc., a Non-Profit New York Corp., 292 F.3d 1192 (9th Cir. 2002).published “the defendant in a defamation action ... cannot ... automatically insure a favorable verdict by testifying that he published with a belief that the statements were true.”
- Journal-Gazette Co. v. Bandido's, Inc., 712 N.E.2d 446 (Ind. 1999).published “the defendant in a defamation action brought by a public official cannot, however, automatically insure a favorable verdict by testifying that he published with a belief that the statements were true.”
- State v. 119 Vote No! Comm., 957 P.2d 691 (Wash. 1998).published “neither lies nor false communications serve the ends of the first amendment.”
- Church of Scientology Int'l v. Time Warner, Inc., 903 F. Supp. 637 (S.D.N.Y. 1995).published “professions of good faith will be unlikely to prove persuasive, for example, where a story is fabricated by the defendant, is the product of his imagination, or is based wholly on an unverified anonymous telephone call”
- Libbra v. City of Litchfield, Ill., 893 F. Supp. 1370 (C.D. Ill. 1995).published “professions of good faith will be unlikely to prove persuasive, for example, where a story is ... based wholly on an unverified anonymous telephone call.”
- Masson v. New Yorker Magazine, Inc., 895 F.2d 1535 (9th Cir. 1990).published (recklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports)
- Masson v. New Yorker Magazine, Inc., 895 F.2d 1535 (9th Cir. 1989).published (recklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports)
- Jay Campbell Kirk Lane v. Citizens for an Honest Gov't, Inc., D/B/A Integrity Films Jeremiah Films, Inc. Pat Matrisciana, 255 F.3d 560 (8th Cir. 2001).published
- Jay Campbell v. Citizens for Honest, No. 00-1411 (8th Cir. July 10, 2001).published
- Harte-Hanks Commc'ns, Inc. v. Connaughton, 491 U.S. 657 (1989).published
- New Life Ctr. v. California Province, No. 99-1658 (4th Cir. Aug. 16, 2000).unpublished
- Stone v. Essex Cnty. Newspapers, Inc., 330 N.E.2d 161 (Mass. 1975).published
- Stone v. Essex Cnty. Newspapers, Inc., 311 N.E.2d 52 (Mass. 1974).published
- Jackson v. Paramount Pictures Corp., 68 Cal. App. 4th 10 (Cal. Ct. App. 1998).published
- Young v. CBS Broad., Inc., 212 Cal. App. 4th 551 (Cal. Ct. App. 2012).published
- Eric Readon v. Wplg, LLC, 317 So. 3d 1229 (Fla. 3d DCA 2021).published
- Shive-Ayala v. Pacelle, No. 2021-0704, 2022 WL 782412 (D.D.C. Mar. 15, 2022).published
- US Dominion, Inc. v. Newsmax Media, Inc., No. N21C-08-063 EMD (Del. Super. Ct. June 16, 2022).published
- Spears v. The New York Times Co., No. 7:23-cv-00692 (N.D. Ala. Dec. 6, 2023).
- Hobson v. Green Fin. Auth., No. 2026-0531 (D.D.C. June 30, 2026).published
- Lianna Nguyen v. Christopher D. Hunt, No. 2025-CA-0431 (Ky. Ct. App. July 17, 2026).unpublished
- Ocala Star-Banner Co. v. Damron, 401 U.S. 295 (1971).published
- Rosenbloom v. Metromedia, Inc., 403 U.S. 29 (1971).published
- Time, Inc. v. Firestone, 424 U.S. 448 (1976).published
- Herbert v. Lando, 441 U.S. 153 (1979).published
- Bose Corp. v. Consumers Union of United States, Inc., 466 U.S. 485 (1984).published
- Lorain Journal Co. Et Al. v. Milkovich, 474 U.S. 953 (1985).published
- United States v. Allen Brown, 631 F.3d 638 (3d Cir. 2011).published
- United States v. Robert H. Davis, United States of Am. v. George D. Gelestino, 617 F.2d 677 (D.C. Cir. 1980).published
- United States v. Roy L. Williams, Thomas F. O'malley, Andrew G. Massa, Joseph Lombardo, 737 F.2d 594 (7th Cir. 1984).published
- William P. Tavoulareas, Peter Tavoulareas v. Philip Piro. William P. Tavoulareas, Peter Tavoulareas v. The Washington Post Co., D/B/A the Washington Post, a Delaware Corp., 759 F.2d 90 (D.C. Cir. 1985).published
- William P. Tavoulareas, Peter Tavoulareas v. Philip Piro. William P. Tavoulareas, Peter Tavoulareas v. The Washington Post Co., D/B/A the Washington Post, a Delaware Corp., 817 F.2d 762 (D.C. Cir. 1987).published
- Schiavone Constr. Co. & Ronald A. Schiavone, Individually, in 86-5839 v. Time, Inc., in 86-5920, 847 F.2d 1069 (3d Cir. 1988).published
- 47 Fair empl.prac.cas. 1290, 47 Empl. Prac. Dec. P 38,255, 3 indiv.empl.rts.cas. 1303 Gerald A. Burger, Helen L. Burger v. McGilley Mem'l Chapels, Inc., & McGilley Mem'l Chapels, & u.f.s.i.- McGilley Inc., & Forest Park-Mcgilley, Inc., & United Funeral Servs., Inc., & Forest Park Memorials, Inc., 856 F.2d 1046 (8th Cir. 1988).published
- Church of Scientology Int'l v. Mitchell Daniels, 992 F.2d 1329 (4th Cir. 1993).published
- United States v. Strandlof, 667 F.3d 1146 (10th Cir. 2012).published
- Jordan v. Kollman, No. 041885 (Va. Apr. 22, 2005).published
- Tagawa v. Maui Publ'g Co., 448 P.2d 337 (Haw. 1968).published
- Reader's Digest Assn. v. Superior Court, 690 P.2d 610 (Cal. 1984).published
- Mehau v. Gannett Pac. Corp., 658 P.2d 312 (Haw. 1983).published
- Sanders v. Harris, 192 S.E.2d 754 (Va. 1972).published
- McCoy v. Hearst Corp., 727 P.2d 711 (Cal. 1986).published
- Dombey v. Phoenix Newspapers, Inc., 724 P.2d 562 (Ariz. 1986).published
- Thibadeau v. Crane, 206 S.E.2d 609 (Ga. Ct. App. 1974).published
- Biskupic v. Cicero, 2008 WI App 117, 756 N.W.2d 649.published
- Savannah News-Press, Div. Se. Newspapers Corp. v. Whetsell, 254 S.E.2d 151 (Ga. Ct. App. 1979).published
- Barber v. Perdue, 390 S.E.2d 234 (Ga. Ct. App. 1989).published
- Luper v. Black Dispatch Publ'g Co., 675 P.2d 1028 (Okla. Civ. App. 1984).published
- Tavoulareas v. Washington Post Co., 567 F. Supp. 651 (D.D.C. 1983).published
- Sprague v. Walter, 656 A.2d 890 (Pa. Super. Ct. 1995).published
- Curran v. Philadelphia Newspapers, Inc., 395 A.2d 1342 (Pa. Super. Ct. 1978).published
- Dodson v. Dicker, 812 S.W.2d 97 (Ark. 1991).published
- Fitzgerald v. Penthouse Int'l, Ltd., 525 F. Supp. 585 (D. Md. 1981).published
- Trentecosta v. Beck, 703 So. 2d 552 (La. 1997).published
- Storms v. Action Wisconsin Inc., 2008 WI 56, 750 N.W.2d 739.published
- Schiavone Constr. Co. v. Time, Inc., 619 F. Supp. 684 (D.N.J. 1985).published
- Torgerson v. Journal/Sentinel, Inc., 563 N.W.2d 472 (Wis. 1997).published
- Sharon v. Time, Inc., 599 F. Supp. 538 (S.D.N.Y. 1984).published
- Catalano v. Pechous, 419 N.E.2d 350 (Ill. 1980).published
- Aarco, Inc. v. Baynes, 462 N.E.2d 1107 (Mass. 1984).published
- Maressa v. New Jersey Monthly, 445 A.2d 376 (N.J. 1982).published
- Bandido's, Inc. v. Journal-Gazette Co., 575 N.E.2d 324 (Ind. Ct. App. 1991).published
- Fisher v. Larsen, 138 Cal. App. 3d 627 (Cal. Ct. App. 1982).published
- Antonovich v. Superior Court, 234 Cal. App. 3d 1041 (Cal. Ct. App. 1991).published
- Aisenson v. Am. Broad. Co., 220 Cal. App. 3d 146 (Cal. Ct. App. 1990).published
- Robertson v. McCloskey, 666 F. Supp. 241 (D.D.C. 1987).published
- Belli v. Curtis Publ'g Co., 25 Cal. App. 3d 384 (Cal. Ct. App. 1972).published
- Berkey v. Delia, 413 A.2d 170 (Md. 1980).published
- Christian Rsch. Inst. v. Alnor, 148 Cal. App. 4th 71 (Cal. Ct. App. 2007).published
- Beilenson v. Superior Court, 44 Cal. App. 4th 944 (Cal. Ct. App. 1996).published
- Evans v. Unkow, 38 Cal. App. 4th 1490 (Cal. Ct. App. 1995).published
- Rosenaur v. Scherer, 88 Cal. App. 4th 260 (Cal. Ct. App. 2001).published
- Curran v. Philadelphia Newspapers, Inc., 546 A.2d 639 (Pa. 1988).published
- Kirchmann v. Lake Elsinore Unified Sch. Dist., 57 Cal. App. 4th 595 (Cal. Ct. App. 1997).published
- Trump v. O'BRIEN, 29 A.3d 1090 (N.J. Super. Ct. App. Div. 2011).published
- Matter of Westfall, 808 S.W.2d 829 (Mo. 1991).published
- Nelson v. Time Inc., No. B245412 (Cal. Ct. App. Mar. 11, 2014).unpublished
- Thieriot v. The Wrapnews, No. B245022 (Cal. Ct. App. Apr. 15, 2014).unpublished
- Bruce Olson v. Michael J. Westergren, No. 13-10-00054-CV (Tex. App.—Corpus Christi Aug. 18, 2011).published
- John F. Vecchio v. Randall D. Jones, No. 01-12-00442-CV, 2013 WL 3467195 (Tex. App.—Houston [1st Dist.] July 9, 2013).published
- Biro v. Condé Nast, No. 14-3815-cv (2d Cir. Dec. 8, 2015).published
- Gilson v. Am. Inst. of Alt. Med., 2016-Ohio-1324, 62 N.E.3d 754.published
- Theaola Robinson v. KTRK Television, Inc., No. 01-14-00880-CV (Tex. App.—Houston [1st Dist.] Sept. 25, 2015).published
- Zimmerman v. Al Jazeera Am., LLC, 246 F. Supp. 3d 257 (D.D.C. 2017).published
- Deripaska v. Associated Press, No. 2017-0913 (D.D.C. Oct. 17, 2017).published
- Sindi v. El-Moslimany, 896 F.3d 1 (1st Cir. 2018).published
- Thomas J. Elsten, Jr. v. Jeffrey Coker, No. M2019-00034-COA-R3-CV (Tenn. Ct. App. Oct. 4, 2019).published
- Laura Hoffman v. Michael O'Malley, 849 F. App'x 535 (6th Cir. 2021).unpublished
- Carlye Jones Miller v. Michelle Watkins, No. 02-20-00165-CV (Tex. App.—Fort Worth Mar. 11, 2021).published
- Christiana Tah v. Global Witness Publ'g, Inc., 991 F.3d 231 (D.C. Cir. 2021).published
- Michael Maggret & Tiffany Maggret v. Ramsey's Rods & Restoration, No. 02-20-00395-CV, 2021 WL 2253244 (Tex. App.—Fort Worth June 3, 2021).published
- Sigman v. Gove, 314 S.E.2d 238 (Ga. Ct. App. 1984).published
- Lorenzo v. New York News, Inc., 78 A.D.2d 669 (N.Y. App. Div. 2d Dep't 1980).published
- Di Lorenzo v. New York News, Inc., 81 A.D.2d 844 (N.Y. App. Div. 2d Dep't 1981).published
- Jackson v. City of Columbus, 117 Ohio St. 3d 328 (2008).published
- Dimartino v. Richens, 822 A.2d 205 (Conn. 2003).published
- Tavoulareas v. Piro, 759 F.2d 90 (D.C. Cir. 1985).published
- Tavoulareas v. Piro, 817 F.2d 762 (D.C. Cir. 1987).published
- Downing v. Monitor Publ'g Co., 415 A.2d 683 (N.H. 1980).published
- Anderson v. Hebert, 2011 WI App 56, 798 N.W.2d 275.published
- Clay Corp. v. Colter, 30 Mass. L. Rptr. 536 (Mass. Super. Ct. 2012).published
- Krans Bell v. Santarrosa, 172 P.R. 731 (2007).published
- Meléndez Vega v. Vocero de Puerto Rico, Inc., 189 P.R. 123 (2013).published
- Cabrero Muñiz v. Zayas Seijo, 167 P.R. Dec. 766 (2006).published
- Webb v. Hansen, 85 Va. Cir. 6 (Chesapeake Cir. Ct. 2011).published
- Herbert v. Lando, 73 F.R.D. 387 (S.D.N.Y. 1977).published
- Burger v. McGilley Mem'l Chapels, Inc., 856 F.2d 1046 (8th Cir. 1988).published
- Seth Bookout, Leslye Romero, & Ryan Gallagher v. Jonathan Shelley & Stedfast Baptist Church, No. 02-22-00055-CV, 2022 WL 17173526 (Tex. App.—Fort Worth Nov. 23, 2022).published
- Tharp v. Hillcrest Baptist Church of Columbus, 2022-Ohio-4695, 204 N.E.3d 709.published
- US Dominion, Inc. v. Fox News Network, LLC, 293 A.3d 1002 (Del. Super. Ct. 2023).published
- Palmieri v. Clark Cnty., No. 65143-COA (Nev. Dec. 31, 2015).published
- Evan McShirley & D'Ann Dagen v. Leilani Lucas, No. 02-23-00229-CV (Tex. App.—Fort Worth Mar. 7, 2024).published
- Rodriguez v. Taylor & Francis Grp. LLC, No. 2:23-cv-00576 (D. Ariz. Mar. 29, 2024).
- Avenatti v. Fox News Network, LLC, No. 1:20-cv-01541 (D. Del. Aug. 13, 2021).
- Portnoy v. Insider, Inc., No. 1:22-cv-10197 (D. Mass. Nov. 7, 2022).
- Smartmatic USA Corp. v. Lindell, No. 0:22-cv-00098 (D. Minn. Sept. 19, 2022).
- Ritz Hotels Servs., LLC v. Bhd. of Amalgamated Trades Local Union 514, No. 2:18-cv-15400 (D.N.J. Sept. 30, 2019).
- LoanStreet Inc. v. Troia, No. 1:21-cv-06166 (S.D.N.Y. Sept. 8, 2023).
- Butters v. SWN Prod. Co., LLC, No. 4:17-cv-00797 (M.D. Pa. Mar. 30, 2020).
- Cory Tomczyk v. Wausau Pilot & Review Corp., 14 N.W.3d 339 (Wis. Ct. App. 2024).unpublished
- Weaver v. Stroman, No. 1:16-cv-01195 (W.D. Tex. Sept. 27, 2019).
- Walker v. Stroman, No. 1:17-cv-00235 (W.D. Tex. Sept. 30, 2019).
- Eaton v. Stroman, No. 1:16-cv-00871 (W.D. Tex. Jan. 8, 2020).
- Walker v. Stroman, No. 1:17-cv-00372 (W.D. Tex. May 4, 2020).
- Yager v. Stroman, No. 1:17-cv-00217 (W.D. Tex. May 22, 2020).
- Rhoten v. Stroman, No. 1:16-cv-00648 (W.D. Tex. Mar. 31, 2020).
- Walker v. Stroman, No. 1:17-cv-00372 (W.D. Tex. June 30, 2020).
- Shanley v. Hutchings, 716 F. Supp. 3d 1179 (D. Utah 2024).published
- Williams v. Rigg, 458 F. Supp. 3d 468 (S.D. W. Va. 2020).published
- Anderson v. WBNS-TV, Inc., 2024-Ohio-4880, 255 N.E.3d 755.published
- Tamara Kay v. The Irish Rover, 252 N.E.3d 437 (Ind. Ct. App. 2025).published
- Keenan v. Int'l Ass'n of Machinists & Aerospace Workers, No. CUMcv-10-42 (Me. Super. Ct Feb. 23, 2012).unpublished
- Jeremy Wayne Long v. Candice O'Brien Beasley, No. M2024-00444-COA-R3-CV (Tenn. Ct. App. Mar. 12, 2025).published
- Thiede v. Sharper Impressions Painting Co., No. 1:22-cv-01838 (N.D. Ga. Mar. 31, 2025).
- US Dominion, US v. Newsmax Media, Inc., No. N21C-08-063 EMD (Del. Super. Ct. Apr. 9, 2025).published
- Richard Brock Hill v. State of Tennessee, No. M2022-01749-COA-R3-CV (Tenn. Ct. App. Apr. 10, 2025).published
- Christopher v. St. Luke's United Methodist Church, 24 N.W.3d 223 (Iowa Ct. App. 2025).published
- Washington v. City of Cincinnati, Ohio, No. 1:23-cv-00230 (S.D. Ohio Aug. 26, 2025).
- Besosa-Noceda v. Capo-Rivera, No. 16-2117 (1st Cir. Jan. 7, 2026).published
- Roy Moore v. Senate Majority PAC, No. 23-13531 (11th Cir. Apr. 24, 2026).published
- The Satanic Temple, Inc. v. Newsweek Digit. LLC, 177 F.4th 202 (2d Cir. 2026).published
- Jewel Sanitary Napkins, LLC v. Busy Beaver Publications, LLC, 178 F.4th 375 (7th Cir. 2026).published
- Grasso v. Mottl, 2026 IL App (3d) 240717.published
- Justin Fairfax v. CBS Corp., 2 F.4th 286 (4th Cir. 2021).published
- E. Howard Hunt, Jr. v. Liberty Lobby, a D.C. Corp., 720 F.2d 631 (11th Cir. 1983).published
- Herbert v. Lando, 781 F.2d 298 (2d Cir. 1986).published
- Gennifer Flowers v. James Carville Hillary Rodham Clinton Little, Brown & Co. George Stephanopoulos, 310 F.3d 1118 (9th Cir. 2002).published
- Duc Tan v. Le, No. 86021-1 (Wash. May 9, 2013).published
- News Publ'g Co. v. DeBerry, 321 S.E.2d 112 (Ga. Ct. App. 1984).published
- State v. Poland, 645 P.2d 784 (Ariz. 1982).published
- Richmond Newspapers, Inc. v. Lipscomb, 362 S.E.2d 32 (Va. 1987).published
- Elder v. Gaffney Ledger, 533 S.E.2d 899 (S.C. 2000).published
- Connelly v. Nw. Publications, Inc., 448 N.W.2d 901 (Minn. Ct. App. 1989).published
- Metts v. Mims, 682 S.E.2d 813 (S.C. 2009).published
- Stem v. Gannett Satellite Info. Network, Inc., 866 F. Supp. 355 (W.D. Tenn. 1994).published
- Secord v. Cockburn, 747 F. Supp. 779 (D.D.C. 1990).published
- Don King Prods., Inc. v. Walt Disney Co., 40 So. 3d 40 (Fla. 4th DCA 2010).published
- Herbert v. Lando, 596 F. Supp. 1178 (S.D.N.Y. 1984).published
- Pemberton v. Birmingham News Co., 482 So. 2d 257 (Ala. 1985).published
- Bitner v. Ottumwa Cmty. Sch. Dist., 549 N.W.2d 295 (Iowa 1996).published
- Am. Broad. Companies v. Gill, 6 S.W.3d 19 (Tex. App.—San Antonio 1999).published
- Costello v. Ocean Cnty. Observer, 643 A.2d 1012 (N.J. 1994).published
- Medure v. New York Times Co., 60 F. Supp. 2d 477 (W.D. Pa. 1999).published
- Trails West, Inc. v. Wolff, 298 N.E.2d 52 (N.Y. 1973).published
At page 730 Defining reckless disregard for truth in defamation cases50 citing casespolice officer
- Brandon Darby v. the New York Times Co. & James C. McKinley, Jr., No. 14-0265 (Tex. Feb. 4, 2015).published Amant v. Thompson, 390 U.S. 727, 732 (1968) (“The defendant in a defamation action … cannot, however, automatically insure a favorable verdict by testifying that he published with a belief that the statements were true.
- Murphy v. Boston Herald, Inc., 865 N.E.2d 746 (Mass. 2007).published Amant v. Thompson, 390 U.S. 727, 732 (1968) (“recklessness may be found when there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports”); Lyons v. New Mass Media, Inc., 390 Mass. 51, 57 (1983) (“A majo…
- Harte-Hanks Commc'ns, Inc. v. Connaughton, 491 U.S. 657 (1989).published
- Bon Air Hotel, Inc. v. Time, Inc. & Dan Jenkins, 426 F.2d 858 (5th Cir. 1970).published
- New Life Ctr. v. California Province, No. 99-1658 (4th Cir. Aug. 16, 2000).unpublished
- Varner v. Bryan, 440 S.E.2d 295 (N.C. Ct. App. 1994).published
- Fram v. Yellow Cab Co. of Pittsburgh, 380 F. Supp. 1314 (W.D. Pa. 1974).published
- Vassallo v. Bell, 534 A.2d 724 (N.J. Super. Ct. App. Div. 1987).published
- Fitzpatrick v. Philadelphia Newspapers, Inc., 567 A.2d 684 (Pa. 1989).published
- Colombo v. Times-Argus Ass'n, Inc., 380 A.2d 80 (Vt. 1977).published
Show 40 more citing cases
- Baker v. Charles, 919 F. Supp. 41 (D. Me. 1996).published
- Bentley v. Bunton, 94 S.W.3d 561 (Tex. 2002).published
- Iowa Supreme Court Attorney Disciplinary Bd. v. Weaver, 750 N.W.2d 71 (Iowa 2008).published
- Reiter v. Manna, 647 A.2d 562 (Pa. Super. Ct. 1994).published
- Stone v. Essex Cnty. Newspapers, Inc., 330 N.E.2d 161 (Mass. 1975).published
- Stone v. Essex Cnty. Newspapers, Inc., 311 N.E.2d 52 (Mass. 1974).published
- Jackson v. Paramount Pictures Corp., 68 Cal. App. 4th 10 (Cal. Ct. App. 1998).published
- Young v. CBS Broad., Inc., 212 Cal. App. 4th 551 (Cal. Ct. App. 2012).published
- Franchini v. Gannett Co. Inc, No. 1:18-cv-00015 (D. Me. Apr. 15, 2020).
- Kashyap P. Patel v. Cable News Network, Inc., 910 S.E.2d 532 (Va. Ct. App. 2025).published
At page 733 Failure to investigate does not establish actual malice26 citing cases“failure to investigate does not in itself establish bad faith.”
- Am. Civil Liberties Union, Inc. v. Zeh, 864 S.E.2d 422 (Ga. 2021).published Amant v. Thompson, 390 U.S. 727, 731-732 (88 SCt 1323, 20 LE2d 262) (1968) (“It may be said that [the actual malice] test puts a premium on ignorance, encourages the irresponsible publisher not to inquire, and permits the issue to be deter…
- Lino Celle & Radio Mindanao Network Usa, Inc. v. Filipino Reporter Enter. Inc. & Libertito Pelayo, 209 F.3d 163 (2d Cir. 2000).published “Failure to investigate does not in itself establish bad faith.”
- Lluberes v. Uncommon Prods., LLC, 740 F. Supp. 2d 207 (D. Mass. 2010).published “failure to investigate does not in itself establish bad faith.”
- MMAR Grp., Inc. v. Dow Jones & Co., Inc., 987 F. Supp. 535 (S.D. Tex. 1997).published “failure to investigate does not in itself establish bad faith.”
- Reader's Digest Assn. v. Superior Court, 690 P.2d 610 (Cal. 1984).published
- McCoy v. Hearst Corp., 727 P.2d 711 (Cal. 1986).published
- Belli v. Curtis Publ'g Co., 25 Cal. App. 3d 384 (Cal. Ct. App. 1972).published
- Beilenson v. Superior Court, 44 Cal. App. 4th 944 (Cal. Ct. App. 1996).published
- Rosenaur v. Scherer, 88 Cal. App. 4th 260 (Cal. Ct. App. 2001).published
- Portnoy v. Insider, Inc., No. 1:22-cv-10197 (D. Mass. Nov. 7, 2022).
Show 16 more citing cases
- Jurkowski v. Crawley, 637 P.2d 56 (Okla. 1981).published
- Smith v. Vencare, Inc., 519 S.E.2d 735 (Ga. Ct. App. 1999).published
- Minton v. Thomson Newspapers, Inc., 333 S.E.2d 913 (Ga. Ct. App. 1985).published
- Sutter Health v. UNITE HERE, 186 Cal. App. 4th 1193 (Cal. Ct. App. 2010).published
At page 728 Applying actual malice standard to public official defamation13 citing casesRussell J. Schonekas argued the cause and filed a brief for petitioner. Robert L. Kleinpeter argued the cause and filed a brief for respondent. MR. JUSTICE…
- Am. Civil Liberties Union, Inc. v. Zeh, 864 S.E.2d 422 (Ga. 2021).published Amant v. Thompson, 390 U.S. 727, 731-732 (88 SCt 1323, 20 LE2d 262) (1968) (“It may be said that [the actual malice] test puts a premium on ignorance, encourages the irresponsible publisher not to inquire, and permits the issue to be deter…
- James E. Secrist v. Tom Harkin, United States Senator Pam McKinney John Frew Citizens for Harkin, 874 F.2d 1244 (8th Cir. 1989).published
- Jay Campbell Kirk Lane v. Citizens for an Honest Gov't, Inc., D/B/A Integrity Films Jeremiah Films, Inc. Pat Matrisciana, 255 F.3d 560 (8th Cir. 2001).published
- Southall v. Little Rock Newspapers, Inc., 964 S.W.2d 187 (Ark. 1998).published
- Thomson Newspaper Publ'g, Inc. v. Coody, 896 S.W.2d 897 (Ark. 1995).published
- Wells v. Bernitt, 936 N.E.2d 1242 (Ind. Ct. App. 2010).published
- Jay Campbell v. Citizens for Honest, No. 00-1411 (8th Cir. July 10, 2001).published
- Joseph v. Scranton Times, 23 Pa. D. & C.5th 129 (2011).published
- Fuller v. Russell, 842 S.W.2d 12 (Ark. 1992).published
- Collins v. Waters, 308 Cal. Rptr. 3d 326 (Cal. Ct. App. 2023).published
Show 3 more citing cases
- Collins v. Waters, No. B312937M (Cal. Ct. App. June 5, 2023).published
- Tonya D. Chapman v. Jonathan Burkett, No. 1105222 (Va. Ct. App. Jan. 16, 2024).unpublished
- Shahid Buttar for Cong. Comm. v. Hearst Commc'ns, Inc., No. 3:21-cv-05566, 2023 WL 2065044 (N.D. Cal. Feb. 16, 2023).
The defendant in a defamation action ... can not ... automatically insure a favorable verdict by testifying that he published with a belief that the statements were true.
- Suzuki Motor Corp. & Am. Suzuki Motor Corp. v. Consumers Union of United States, Inc., a Non-Profit New York Corp., 330 F.3d 1110 (9th Cir. 2003).published (The defendant in a defamation action ... can not ... automatically insure a favorable verdict by testifying that he published with a belief that the statements were true.)
- Suzuki Motor Corp. & Am. Suzuki Motor Corp. v. Consumers Union of United States, Inc., a Non-Profit New York Corp., 292 F.3d 1192 (9th Cir. 2002).published (The defendant in a defamation action ... cannot ... automatically insure a favorable verdict by testifying that he published with a belief that the statements were true.)
- Journal-Gazette Co. v. Bandido's, Inc., 712 N.E.2d 446 (Ind. 1999).published (The defendant in a defamation action brought by a public official cannot, however, automatically insure a favorable verdict by testifying that he published with a belief that the statements were true.)
88 S. Ct. at 1323 cited at this page2 citing cases
- Mitchell v. Villien, 19 So. 3d 557 (La. Ct. App. 2009).published
- Aafco Heating & Air Conditioning Co. v. Nw. Publications, Inc., 321 N.E.2d 580 (Ind. Ct. App. 1974).published
Failure to investigate does not in itself establish bad faith.
- Lluberes v. Uncommon Prods., LLC, 740 F. Supp. 2d 207 (D. Mass. 2010).published (Failure to investigate does not in itself establish bad faith.)
- MMAR Grp., Inc. v. Dow Jones & Co., Inc., 987 F. Supp. 535 (S.D. Tex. 1997).published (Failure to investigate does not in itself establish bad faith.)
[n] either lies nor false communications serve the ends of the First Amendment
- Rickert v. State, Pub. Disclosure Com'n, 168 P.3d 826 (Wash. 2007).published ([n] either lies nor false communications serve the ends of the First Amendment)
- State v. 119 Vote No! Comm., 957 P.2d 691 (Wash. 1998).published (Neither lies nor false communications serve the ends of the First Amendment.)
Professions of good faith will be unlikely to prove persuasive, for example, where a story is fabricated by the defendant, is the product of his imagination, or is based wholly on an unverified anonymous telephone call
- Church of Scientology Int'l v. Time Warner, Inc., 903 F. Supp. 637 (S.D.N.Y. 1995).published (Professions of good faith will be unlikely to prove persuasive, for example, where a story is fabricated by the defendant, is the product of his imagination, or is based wholly on an unverified anonymous telephone call)
- Libbra v. City of Litchfield, Ill., 893 F. Supp. 1370 (C.D. Ill. 1995).published (Professions of good faith will be unlikely to prove persuasive, for example, where a story is ... based wholly on an unverified anonymous telephone call.)
Other citing cases
- Brand v. Casso, 742 S.W.2d 726 (Tex. App.—Corpus Christi 1987).published
- Cruse v. Wal-Mart Stores East, L.P., No. 2:20-cv-05939 (S.D. Ohio Jan. 5, 2023).
v.
Thompson
Lead Opinion
delivered the opinion of the Court.
The question presented by this case is whether the Louisiana Supreme Court, in sustaining a judgment for damages in a public official’s defamation action, correctly interpreted and applied the rule of New York Times Co. v. Sullivan, 376 U. S. 254 (1964), that the plaintiff in such an action must prove that the defamatory publication “was made with ‘actual malice’ — that is, with knowledge that it was false or with reckless disregard of whether it was false or not.” 376 U. S., at 279-280.
On June 27, 1962, petitioner St. Amant, a candidate for public office, made a televised speech in Baton Rouge, Louisiana. In the course of this speech, St. Amant read a series of questions which he had put to J. D. Albin, a member of a Teamsters Union local, and Albin’s: answers to those questions. The exchange concerned the allegedly nefarious activities of E. G. Partin, the president of the local, and the alleged relationship between Partin and St. Amant’s political opponent. One of Albin’s answers concerned his efforts to prevent Partin from secreting union records; in this answer Albin referred to Herman A. Thompson, an East Baton Rouge Parish deputy sheriff and respondent here:
“Now, we knew that this safe was gonna be moved that night, but imagine our predicament, knowing[*729] of Ed’s connections with the Sheriff’s office through Herman Thompson, who made recent visits to the Hall to see Ed. We also knew of money that had passed hands between Ed and Herman Thompson . . . from Ed to Herman. We also knew of his connections with State Trooper Lieutenant Joe Green. We knew we couldn’t get any help from there and we didn’t know how far that he was involved in the Sheriff’s office or the State Police office through that, and it was out of the jurisdiction of the City Police.” [1]
Thompson promptly brought suit for defamation, claiming that the publication had “impute [d] . . . gross misconduct” and “infer[red] conduct of the most nefarious nature.” The case was tried prior to the decision in New York Times Co. v. Sullivan, supra. The trial judge ruled in Thompson’s favor and awarded $5,000 in damages. Thereafter, in the course of entertaining and denying a motion for a new trial, the Court considered the ruling in New York Times, finding that rule no barrier to the judgment already entered. The Louisiana Court of Appeal reversed because the record failed to show that St. Amant had acted with actual malice, as required by New York Times. 184 So. 2d 314 (1966). The Supreme Court of Louisiana reversed the intermediate appellate court. 250 La. 405, 196 So. 2d 255 (1967). In its view, there was sufficient evidence that St. Amant recklessly disregarded whether the statements about Thompson were true or false. We granted a writ of certiorari. 389 U. S. 1033 (1968).
[*730] For purposes of this case we accept the determinations of the Louisiana courts that the material published by-St. Amant charged Thompson with criminal conduct, that the charge was false, and that Thompson was a public official[2] and so had the burden of proving that the false statements about Thompson were made with actual malice as defined in New York Times Co. v. Sullivan and later cases. We cannot, however, agree with either the Supreme Court of Louisiana or the trial court that Thompson sustained this burden.
Purporting to apply the New York Times malice standard, the Louisiana Supreme Court ruled that St. Amant had broadcast false information about Thompson recklessly, though not knowingly. Several reasons were given for this conclusion. St. Amant had no personal knowledge of Thompson’s activities; he relied solely on Albin’s affidavit although the record was silent as to Albin’s reputation for veracity; he failed to verify the information with those in the union office who might have known the facts; he gave no consideration to whether or not the statements defamed Thompson and went ahead heedless of the consequences; and he mistakenly believed he had no responsibility- for the broadcast because he was merely quoting Albin’s words.
These considerations fall short of proving St. Amant’s reckless disregard for the accuracy of his statements about Thompson. “Reckless disregard,” it is true, cannot be fully encompassed in one infallible definition. Inevitably its outer limits will be marked out through case-by-case adjudication, as is true with so many legal stand[*731]ards for judging concrete cases, whether the standard is provided by the Constitution, statutes, or case law. Our cases, however, have furnished meaningful guidance for the further definition of a reckless publication. In New York Times, supra, the plaintiff did not satisfy his burden because the record failed to show that the publisher was aware of the likelihood that he was circulating false information. In Garrison v. Louisiana, 379 U. S. 64 (1964), also decided before the decision of the Louisiana Supreme Court in this case, the opinion emphasized the necessity for a showing that a false publication was made with a “high degree of awareness of . .. probable falsity.” 379 U. S., at 74. Mb. Justice Hahlan’s opinion in Curtis Publishing Co. v. Butts, 388 U. S. 130, 153 (1967), stated that evidence of either deliberate falsification or reckless publication “despite the publisher’s awareness of probable falsity” was essential to recovery by public officials in defamation actions. These cases are clear that reckless conduct is not measured by whether a reasonably prudent man would have published, or would have investigated before publishing. There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication. Publishing with such doubts shows reckless disregard for truth or falsity and demonstrates actual malice.
It may be said that such a test puts a premium on ignorance, encourages the irresponsible publisher not to inquire, and permits the issue to be determined by the defendant’s testimony that he published the statement in good faith and unaware of its probable falsity. Con-cededly the reckless disregard standard may permit recovery in fewer situations than would a rule that publishers must satisfy the standard of the reasonable man or the prudent publisher. But New York Times and succeeding cases have emphasized that the stake of the[*732] people in public business and the conduct of public officials is so great that neither the defense of truth nor the standard of ordinary care would protect against self-censorship and thus adequately implement First Amendment policies. Neither lies nor false communications serve the ends of the First Amendment, and no one suggests their desirability or further proliferation. But to insure the ascertainment and publication of the truth about public affairs, it is essential that the First Amendment protect some erroneous publications as well as true ones. We adhere to this view and to the line which our cases have drawn between false communications which are protected and those which are not.
The defendant in a defamation action brought by a public official cannot, however, automatically insure a favorable verdict by testifying that he published with a belief that the statements were true. The finder of fact must determine whether the publication was indeed made in good faith. Professions of good faith will be unlikely to prove persuasive, for example, where a story is fabricated by the defendant, is the product of his imagination, or is based wholly on an unverified anonymous telephone call. Nor will they be likely to prevail when the publisher’s allegations are so inherently improbable that only a reckless man would have put them in circulation. Likewise, recklessness may be found where there are obvious reasons to doubt the veracity of the informant or the accuracy of his reports.[3]
By no proper test of reckless disregard was St. Amant’s broadcast a reckless publication about a public officer. Nothing referred to by the Louisiana courts indicates an awareness by St. Amant of the probable falsity of Albin’s[*733] statement about Thompson. Failure to investigate does not in itself establish bad faith. New York Times Co. v. Sullivan, supra, at 287-288. St. Amant’s mistake about his probable legal liability does not evidence a doubtful mind on his part. That he failed to realize the import of what he broadcast — and was thus “heedless” of the consequences for Thompson — is similarly colorless. Closer to the mark are considerations of Albin’s reliability. However, the most the state court could say was that there was no evidence in the record of Albin’s reputation for veracity, and this fact merely underlines the failure of Thompson’s evidence to demonstrate a low community assessment of Albin’s trustworthiness or unsatisfactory experience with him by St. Amant.
Other facts in this record support our view. St. Amant made his broadcast in June 1962. He had known Albin since October 1961, when he first met with members of the dissident Teamsters faction. St. Amant testified that he had verified other aspects of Albin’s information and that he had affidavits from others. Moreover Albin swore to his answers, first in writing and later in the presence of newsmen. According to Albin, he was prepared to substantiate his charges. St. Amant knew that Albin was engaged in an internal struggle in the union; Albin seemed to St. Amant to be placing himself in personal danger by publicly airing the details of the dispute.
Because the state court misunderstood and misapplied the actual malice standard which must be observed in a public official’s defamation action, the judgment is reversed and the case remanded for further proceedings not inconsistent with this opinion.
Reversed and remanded.
Mr. Justice Black and Mr. Justice Douglas concur in the judgment of the Court for the reasons set out in[*734] their concurring opinions in New York Times Co. v. Sullivan, 376 U. S. 254, 293 (1964), and Garrison v. Louisiana, 379 U. S. 64, 79, 80 (1964).St. Amant had preceded this question and answer with other answers by Albin asserting that Partin, on learning that a union member had written to the Secretary of Labor charging that Partin had been stealing union funds, had become “pretty riled up” and had decided to “get rid of the safe” containing the union records.
The Louisiana Supreme Court concluded, after considering state law, that a deputy sheriff has “substantial responsibility for or control over the conduct of governmental affairs,” the test established by Rosenblatt v. Baer, 383 U. S. 75, 85 (1966), “at least where law enforcement and police functions are concerned.” 250 La., at 422, 196 So. 2d, at 261.
See, e. g., Curtis Publishing Co. v. Butts, 388 U. S. 130, 169-170 (Warren, C. J., concurring in the result), and 172 (Brennan, J., dissenting) (1967).
Dissent
dissenting.
I do not believe that petitioner satisfied the minimal standards of care specified by New York Times Co. v. Sullivan, 376 U. S. 254 (1964). The affidavit that petitioner broadcast contained a seriously libelous statement directed against respondent. Respondent was a public official. He was not petitioner’s adversary in the political contest. Petitioner’s casual, careless, callous use of the libel cannot be rationalized as resulting from the heat of a campaign. Under New York Times, this libel was broadcast by petitioner with “actual malice” — with reckless disregard of whether it was false or not. The principle of Curtis Publishing Co. v. Butts, 388 U. S. 130 (1967), in my opinion, should lead us to affirmance here.
The First Amendment is not so fragile that it requires us to immunize this kind of reckless, destructive invasion of the life, even of public officials, heedless of their interests and sensitivities. The First Amendment is not a shelter for the character assassinator, whether his action is heedless and reckless or deliberate. The First Amendment does not require that we license shotgun attacks on public officials in virtually unlimited open season. The occupation of public officeholder does not forfeit one’s membership in the human race. The public official should be subject to severe scrutiny and to free and open criticism. But if he is needlessly, heedlessly, falsely accused of crime, he should have a remedy in law. New York Times does not preclude this minimal standard of civilized living.
Petitioner had a duty here to check the reliability of the libelous statement about respondent. If he had made a good-faith check, I would agree that he should be pro[*735]tected even if the statement were false, because the interest of public officials in their reputation must endure this degree of assault. But since he made no check, I agree with the Supreme Court of Louisiana that New York Times does not prohibit recovery.
I would affirm.