Sentence examples for defamatory falsehood from inspiring English sources
Of course, an opportunity for rebuttal seldom suffices to undo [the] harm of a defamatory falsehood.
Upon violation of such rights, the law offers some measure of compensation, whether the harm takes the form of defamatory falsehood or unlicensed use of a protected expression or invention.
Brennan wrote that a public official (and this was later broadened to include public figures in general) cannot recover "damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with 'actual malice' — that is, with knowledge that it was false or with reckless disregard of whether it was false or not".
"We hold that, so long as they do not impose liability without fault, the States may define for themselves the appropriate standard of liability for a publisher or broadcaster of defamatory falsehood injurious to a private individual".1279 Thus, some degree of fault must be shown.
As such, he clearly fell within the rule that 'prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with 'actual malice'that is, with knowledge that it was false or with reckless disregard of whether it was false or not.' Id., 376 U.S. at 279280, 84 S.Ct. at 726.
The first was a reference in Gertz that "the States may define for themselves the appropriate standard of liability for a publisher or broadcaster [my emphasis] of defamatory falsehood injurious to a private individual".
Even in that circumstance, the States remain free to award damages for defamatory falsehoods published with knowledge of their falsity or in reckless disregard of the truth.
1811, 29 L.Ed.2d 296 (1971), which concluded that the New York Times standard should extend to defamatory falsehoods relating to private persons if the statements involved matters of public or general concern.
On the other hand, there is a legitimate state interest in compensating individuals for the harm inflicted on them by defamatory falsehoods.
Instead, we have held that a public official may recover for defamatory falsehoods relating to his official conduct if he can prove the statement was made with 'actual malice.' New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct.
The Times rule had been a proper accommodation when public officials or public figures were concerned, inasmuch as by their own efforts they had brought themselves into the public eye, had created a need in the public for information about them, and had at the same time attained an ability to counter defamatory falsehoods published about them.
