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To: doug from upland

New York Times Company v. Sullivan, 376 U.S. 254 (1964).
In order for a public official or a public figure to prove defamation, they must prove actual malice. Actual malice requires that the person suing prove that the challenged statement was published by those who either knew it was false or were reckless in verifying its accuracy.

Who is a Public Official?
The Supreme Court has said that a public official is one who, at the very least, has or appears to the public to have, a substantial responsibility for or control over governmental affairs.

Who is a Public Figure? There are two categories:
(1) General Purpose Public Figure: a “celebrity,” whose pervasive fame or notoriety has made his or her name a “household word.”
(2) Limited Purpose Public Figure: someone who has voluntarily assumed a leading role in a particular public controversy.


76 posted on 09/26/2008 1:22:30 PM PDT by ChinaThreat (s)
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To: ChinaThreat

That is correct.

But this is criminal law.

Show us any criminal law that could be applied to this subject.


94 posted on 09/26/2008 1:57:49 PM PDT by old curmudgeon
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