Actual Malice is what plaintiffs in the public eye have to prove in order to win a libel case. Actual malice is the act of publishing or broadcasting statements with prior knowledge of the inaccuracy of the statement or a reckless disregard for the truth.
"Public Principle" refers to the heavier burden of proof carried by public figures such as entertainers and politicians than that carried by private citizens. Public principle is grounded in the belief that these persons ought to expect a thorough examination of their public actions. Also, public figures have an advantage over private citizens because they have access to the media to respond to criticism.
Wow...they're really doing this. Has Kerry gone nuts? I'm no lawyer, but based on what little I know about libel, his chance of winning ranges from slim to none.
However, a guy here in the newsroom tells me that this is actually not unusual. He said it's common for candidates to threaten to sue over campaign ads. News to me. Wonder if he's right...?