ACTUAL MALICE

THELAW.COM LAW DICTIONARY & BLACK'S LAW DICTIONARY 2ND ED.

The “actual malice” defines the level of proof needed to establish a libel case for defamatory statements made regarding public figures or public officials. Actual Malice requires intent or reckless disregard for
the truth – “knowledge that the information was false” or published “with reckless disregard of whether it was false or not.” Reckless disregard for the truth requires more than negligence and failure to follow
up with generally acceptable reporting standards. It also requires a belief that the statements made were reasonably false. The actual malice standard is most well known from its use in New York Times Co. v.
Sullivan, 376 U.S. 254 (1964), where the U.S. Supreme Court ruled that public officials who sued a defendant for making defamatory statements needed to prove that the defendants made them with actual
malice in order to succeed in a libel lawsuit. The U.S. Supreme Court gave this case Constitutional importance by highlighting the extent of First Amendment rights of free speech and the power of the press