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To: kaehurowing

Not True. Here is the finding of Sullivan which is exactly what we have been saying the current law is.

Held: A State cannot, under the First and Fourteenth Amendments, award damages to a public official for defamatory falsehood relating to his official conduct unless he proves “actual malice” — that the statement was made with knowledge of its falsity or with reckless disregard of whether it was true or false. Pp. 265-292. https://www.law.cornell.edu/supremecourt/text/376/254


60 posted on 02/27/2016 10:29:11 AM PST by dschapin
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To: dschapin

A lawyer will tell you as a practical matter it is virtually impossible to prove “actual malice” and to get it to stick in court. And the categories that used to be considered “pre se” defamation, such as alleged to have a loathsome disease or being homosexual or having another sexual perversion, have all been thrown out as well.


196 posted on 02/27/2016 3:04:56 PM PST by kaehurowing
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