7 Colorado opinions name it 2 courts 1981–2025 2 in the last five years
The cases below were cited by Colorado courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
McIntyre v. Jonesgreen1 sentence2022McIntyre v. Jones, 194 P.3d 519, 524 (Colo. App. 2008) (citing Keohane v. Stewart, 882 P.2d 1293, 1297 (Colo. 1994)). | 1 | 1 |
Keohane v. Stewartgreen1 sentence2022McIntyre v. Jones, 194 P.3d 519, 524 (Colo. App. 2008) (citing Keohane v. Stewart, 882 P.2d 1293, 1297 (Colo. 1994)). | 1 | 1 |
Ralph J. Perk, Cross-Appellee v. The Reader's Digest Association, Inc., and Eugene H. Methvin, Cross-Appellantsgreen1 sentence2009Actual malice may be inferred “from objective circumstantial evidence, which can override a defendant’s protestations of good faith.” Brown v. Petrolite Corp., 965 F.2d 38, 47 (5th Cir.1992); see also Fiber Systems Int’l, Inc. v. Roehrs, 470 F.3d 1150, 1170 (5th Cir.2006); Perk v. Reader’s Digest Ass’n, 931 F.2d 408, 411 (6th Cir.1991). | 1 | 1 |
Fred G. Brown, D/B/A National Parakleen Co., and Micro-Bac International, Inc., Cross-Appellant v. Petrolite Corporation, Cross-Appelleegreen1 sentence2009Actual malice may be inferred “from objective circumstantial evidence, which can override a defendant’s protestations of good faith.” Brown v. Petrolite Corp., 965 F.2d 38, 47 (5th Cir.1992); see also Fiber Systems Int’l, Inc. v. Roehrs, 470 F.3d 1150, 1170 (5th Cir.2006); Perk v. Reader’s Digest Ass’n, 931 F.2d 408, 411 (6th Cir.1991). | 1 | 1 |
Fiber Systems Intern., Inc. v. Roehrsgreen1 sentence2009Actual malice may be inferred “from objective circumstantial evidence, which can override a defendant’s protestations of good faith.” Brown v. Petrolite Corp., 965 F.2d 38, 47 (5th Cir.1992); see also Fiber Systems Int’l, Inc. v. Roehrs, 470 F.3d 1150, 1170 (5th Cir.2006); Perk v. Reader’s Digest Ass’n, 931 F.2d 408, 411 (6th Cir.1991). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Colorado. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Fry v. Lee
green
1 sentence2025The actual malice standard requires a showing that the publisher knew the statement at issue was false or “entertained serious doubts as to the truth of the statement or acted with a high degree of awareness of its probable falsity.” Creekside, ¶ 38 (quoting Fry v. Lee, 2013 COA 100, ¶ 21 ). 17 ¶ 35 While Hoid alleged that the news articles contained false statements, he failed to plead any allegations suggesting that FOX- 31 knew the statements were false or acted with reckless disregard of their truth. | 1 | 2025–2025 |
Harte-Hanks Communications, Inc. v. Connaughton
green
2 sentences2009Such inquiry may also be necessary where a defendant publishes statements that are “highly improbable.” Harte-Hanks Communications, Inc., 491 U.S. at 691 , 109 S.Ct. 2678 . “[A] plaintiff is entitled to prove the defendant’s state of mind through circumstantial evidence ... and it cannot be said that evidence concerning motive or care never bears any relation to the actual malice inquiry.” Harte-Hanks Communications, Inc., 491 U.S. at 668 , 109 S.Ct. 2678 . 2009Such inquiry may also be necessary where a defendant publishes statements that are “highly improbable.” Harte-Hanks Communications, Inc., 491 U.S. at 691 , 109 S.Ct. 2678 . “[A] plaintiff is entitled to prove the defendant’s state of mind through circumstantial evidence ... and it cannot be said that evidence concerning motive or care never bears any relation to the actual malice inquiry.” Harte-Hanks Communications, Inc., 491 U.S. at 668 , 109 S.Ct. 2678 . | 1 | 2009–2009 |
Dominguez v. Babcock
green
1 sentence1996Dominguez v. Babcock, 696 P.2d 338 (Colo.App.1984), affd, 727 P.2d 362 (Colo.1986) (mere negligent failure of employer to investigate cannot constitute actual malice for defamation claim). | 1 | 1996–1996 |
Dominguez v. Babcock
green
1 sentence1996Dominguez v. Babcock, 696 P.2d 338 (Colo.App.1984), affd, 727 P.2d 362 (Colo.1986) (mere negligent failure of employer to investigate cannot constitute actual malice for defamation claim). | 1 | 1996–1996 |
Fink v. Combined Communications Corp.
green
1 sentence1985Accordingly, plaintiffs failed to prove with convincing clarity that Craig acted with “actual malice.” See Fink v. Combined Communications Corp., 679 P.2d 1108 (Colo.App.1984); Manuel v. Fort Collins Newspapers, Inc., supra. Plaintiffs contend, however, that the actual malice standard was met as to the Herald because Craig’s letter of March 11 was published with editorial acknowledgment that the Herald believed Craig’s analysis to be erroneous and potentially libelous. | 1 | 1985–1985 |
Gertz v. Robert Welch, Inc.
green
2 sentences1983Taken together, Greenbelt, Austin, and Austin 's companion case, Gertz v. Robert Welch, Inc., 418 U.S. 323 , 94 S.Ct. 2997 , 41 L.Ed.2d 789 (1974) have been interpreted as creating an unconditional privilege for rhetorical hyperbole in a context where the actual malice standard is appropriate. 1983Taken together, Greenbelt, Austin, and Austin 's companion case, Gertz v. Robert Welch, Inc., 418 U.S. 323 , 94 S.Ct. 2997 , 41 L.Ed.2d 789 (1974) have been interpreted as creating an unconditional privilege for rhetorical hyperbole in a context where the actual malice standard is appropriate. | 1 | 1983–1983 |
St. Amant v. Thompson
green
2 sentences1981Amant v. Thompson, 390 U.S. 727, 732 , 88 S.Ct. 1323, 1326 , 20 L.Ed.2d 262 (1968), the actual malice standard acknowledges that to some extent at least, "erroneous statement is inevitable in free debate...." New York Times Co. v. Sullivan, supra, 376 U.S. at 271-72 , 84 S.Ct. at 721 , 11 L.Ed.2d at 701 . 1981Amant v. Thompson, 390 U.S. 727, 732 , 88 S.Ct. 1323, 1326 , 20 L.Ed.2d 262 (1968), the actual malice standard acknowledges that to some extent at least, "erroneous statement is inevitable in free debate...." New York Times Co. v. Sullivan, supra, 376 U.S. at 271-72 , 84 S.Ct. at 721 , 11 L.Ed.2d at 701 . | 1 | 1981–1981 |
New York Times Co. v. Sullivan
green
2 sentences1981Amant v. Thompson, 390 U.S. 727, 732 , 88 S.Ct. 1323, 1326 , 20 L.Ed.2d 262 (1968), the actual malice standard acknowledges that to some extent at least, "erroneous statement is inevitable in free debate...." New York Times Co. v. Sullivan, supra, 376 U.S. at 271-72 , 84 S.Ct. at 721 , 11 L.Ed.2d at 701 . 1981Amant v. Thompson, 390 U.S. 727, 732 , 88 S.Ct. 1323, 1326 , 20 L.Ed.2d 262 (1968), the actual malice standard acknowledges that to some extent at least, "erroneous statement is inevitable in free debate...." New York Times Co. v. Sullivan, supra, 376 U.S. at 271-72 , 84 S.Ct. at 721 , 11 L.Ed.2d at 701 . | 1 | 1981–1981 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.