|
||
Definition:
When a public official or public figure sues for defamation, they must prove that "actual malice"
occurred. In other words, they must prove that the author and/or publisher of the piece
deliberately sought to defame the person, rather than that they do so innocently or
accidentally. They must know, first, that the material in question is false and, second, that
the effect of the material will be to defame the plaintiff.
This standard was used in the famous 1964 case New York Times v.
Sullivan, in which the Supreme Court argued that "actual malice" was required in order
to permit the widest possible latitude in free speech.
Also Known As: none
Alternate Spellings: none
Common Misspellings: none
Related Resources:
What are Political and Legal Philosophy
The Philosophy of Politics and the Philosophy of Law are often studied separately, but they are presented here jointly because they both come back to the same thing: the study of force. Politics is the study of political force in the general community, while jurisprudence is the study of how laws can and should be used to achieve political and social goals.What is Philosophy?
What is philosophy? Is there any point in studying philosophy, or is it a useless subject? What are the different branches of philosophy - what's the difference between aestheitcs and ethics? What's the difference between metaphysics and epistemology?
