If the Post did “0” homework, then it can be construed as malice....it was meant to injure.
If. This is a he said/she said. Impossible to prove or disprove. You don't think the Post, of all organizations, doesn't know how to protect itself when running with stories like this?
This whole story has been a political ploy from the beginning. Threatening a law suit is just more of the same.
Malice in law is the intent, without justification excuse or reason, to commit a wrongful act that will result in harm to another. Malice means the wrongful intention and includes all types of intent that law deems to be wrongful. Legally speaking any act done with a wrong intention is done maliciously.
An example of a malicious act would be committing the tort of slander by calling a nondrinker an alcoholic in front of all his or her employees.
The Compost? Motivated by a biased political mens rea?
How could this be? Well, we see their animus here daily.
A lot of people didn’t think the FLOTUS lawsuit had, uhhh, legs. But it did. (And so does she.)
Go get `em, judge. Hit them with a ream of discovery along with your complaint.