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Q: Do public officials and public figures receive less protection from defamation than ordinary people?
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What types of individuals must use the actual malice test in a defamation lawsuit and why?

Public figures and public officials must use the actual malice test in a defamation lawsuit. This is because they must prove that the defamatory statement was made with knowledge of its falsity or with reckless disregard for the truth, due to their elevated status and the importance of free speech in matters of public concern.


How did the majority and minority rule in New York times v Sullivan?

In New York Times v. Sullivan, the Supreme Court established that public figures must prove "actual malice" in order to succeed in a defamation lawsuit. This means they must show that the statement was made with knowledge of its falsity or with reckless disregard for the truth. The ruling strengthened protections for freedom of speech and the press by making it harder for public officials to sue for defamation.


How did the Supreme Court decision in New York Times Co v Sullivan affect freedom of the press?

The Supreme Court decision in New York Times Co v Sullivan strengthened freedom of the press by setting higher standards for public figures to prove defamation. It established the "actual malice" standard, requiring proof that a statement was made with knowledge of its falsity or reckless disregard for the truth for defamation claims involving public officials. This decision allowed the press more freedom to report on public officials without fear of crippling lawsuits.


Who is exempt from defamation?

Assuming you mean "who is exempt from liability in a cause of action for defamation", that answer is 'those who are telling the truth in the purportedly-defamatory statement or assertion'.Truth or factuality of the purportedly-defamatory statement or assertion is an affirmative defense to the claim.It's more difficult, but certainly not impossible, to defame "public figures", because an additional element of "actual malice" or "New York Times malice", from the SCOTUS case of New York Times v. Sullivan, is added in cases involving plaintiffs who are deemed to be public figures.


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What are damages to a person in written form called?

Damage done to a person through writing is called libel. Slander is spoken defamation. Both libel and slander are types of defamation, and generally four or more people besides the victim would be witnesses for it to meet the legal definition. Plus one would have to prove harm. Of course, there are relaxed standards when public figures are involved. Just calling a politician a crook or a liar may not be enough to be considered defamation, since maliciousness would be required. So another politician or member of the press would be more likely to get hit by such a suit as opposed to a regular person who stands nothing to gain from any attempt at defamation.


Do all plaintiffs in tort claims for defamation have the same elements to prove their case?

No, not in every case. There are two major differences. One is where the statements made are privileged under the First Amendment and the other is where the defamation is considered defamation per se. There is a First Amendment privilege governing statements made about public figures, especially statements by news sources. Ordinarily, malice on the part of the defamer is assumed if the statements are defamatory in nature. But in matters of public figures, the plaintiff has to prove actual malice. This requirement is designed to balance the interests of people in their right not to be defamed against the First Amendment guarantee of a free press. Another difference is when the defamation constitutes "libel or slander per se." Certain statements like accusation of commission of a crime are considered libel/slander per se. That means it is assumed that the defamed person suffered some injury to reputation, so the plaintiff does not have to that his or her reputation actually suffered. In all other cases, a plaintiff must prove that injury. Note that different states may have different standards as to what the formal elements of a defamation action are. Thus it is also possible that plaintiffs might have to prove different elements simply because of the particular state where the defamation occurred.


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