Why Can Dat Asshole Say All That Stuff?
Because of New York Times v. Sullivan, a 1964 U.S. Supreme Court decision which set out the rule on defamation cases by public officials. A public official can recover in a libel action only if and when a court finds that the libelous statement about the official was made with " ‘actual malice'—that is, with knowledge that it was false or with reckless disregard of whether it was false or not."
The burden of proof is a very difficult one to meet in these type cases. That is why so few public servants bring, much less win, defamation lawsuits for statements made criticizing them.
Additionally, those who thrust themselves into the public eye are considered to invite close scrutiny and are therefore treated as public officials. Meaning they must also show "actual malice" in order to prevail in a defamation action. An example of this would be George Randolph, Charlotte's stage husband and former chauffeur.
Because of New York Times v. Sullivan, a 1964 U.S. Supreme Court decision which set out the rule on defamation cases by public officials. A public official can recover in a libel action only if and when a court finds that the libelous statement about the official was made with " ‘actual malice'—that is, with knowledge that it was false or with reckless disregard of whether it was false or not."
The burden of proof is a very difficult one to meet in these type cases. That is why so few public servants bring, much less win, defamation lawsuits for statements made criticizing them.
Additionally, those who thrust themselves into the public eye are considered to invite close scrutiny and are therefore treated as public officials. Meaning they must also show "actual malice" in order to prevail in a defamation action. An example of this would be George Randolph, Charlotte's stage husband and former chauffeur.
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