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Monthly Archives: November 2025

How to prove actual malice

In The News By Binnall Law Group - 2025/11/03 at 09:41am

Jared J. Roberts In defamation cases involving public figures, one phrase looms larger than any other: actual malice. It’s the legal standard that often decides whether a plaintiff can win a libel case. Under the rule set by New York Times Co. v. Sullivan (1964), a public figure has to show that the defendant made a false statement knowing it was false or with reckless disregard for the truth. In other words, the question isn’t just was it wrong? — it’s did they know or seriously doubt it was wrong? While this is a high bar, over the years, courts […]

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