Describe the role of actual malice in a defamation case. Why do public figures have a greater burden of proof in a defamation case than private individuals??
What will be an ideal response?
Actual malice is real and demonstrated evil intent. In general, false and defamatory statements that are made about public figures (public officials and any persons in the publiclimelight) and that are published in the press are privileged if they are made without actualmalice. To be made with actual malice, a statement must be made with eitherknowledge offalsityora reckless disregard of the truth.Statements made about public figures, especially when they are made through the media, are usually related to matters of general publicinterest. Furthermore, public figures generally have access to the media to respond to?defamatory statements. Hence, public figures have a greater burden of proof in defamationcases (they must prove actual malice) than do private individuals.?
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What will be an ideal response?
Professionals are held to a ____________________ standard of care than laypersons.
Fill in the blank(s) with the appropriate word(s).
Section 402A of the Restatement applies to _________________________ but not to _________________________.
Fill in the blank(s) with the appropriate word(s).