Defamation
Defamation is a civil claim concerning a defamatory falsehood published about someone. Constitutional proof rules depend on the plaintiff: public officials must prove actual malice, public figures face a heightened standard, and private plaintiffs in public-concern cases may recover under state law requiring fault above strict liability, such as negligence. The Court’s cases also distinguish criminal libel statutes from civil defamation suits.
Defamation is a civil claim concerning a defamatory falsehood published about someone. Constitutional proof rules depend on the plaintiff: public officials must prove actual malice, public figures face a heightened standard, and private plaintiffs in public-concern cases may recover under state law requiring fault above strict liability, such as negligence. The Court’s cases also distinguish criminal libel statutes from civil defamation suits.
Example: In New York Times Co. v. Sullivan (1964), Montgomery commissioner L.B. Sullivan sued over a paid advertisement criticizing the community’s response to civil-rights demonstrations, and the Supreme Court reversed the judgment for him.
Common misconception: Public figures are not barred from bringing defamation claims. The Supreme Court instead applies a heightened constitutional proof standard to them.
Sources: Defamation | Constitution Annotated; New York Times Co. v. Sullivan, 376 U.S. 254 (1964)