If the “actual malice” standard were thrown out, the burden of proof is reversed. The accuser is no longer required to prove you’re guilty of lying with **intent** to defame.
Nor does the accuser need to prove he or she suffered actual loss or harm as a direct result of your “reckless disregard” for the truth.
Instead, you must now prove you’re innocent, that you misspoke, you really didn’t mean any harm, and anyway your comments were true! You’re sure of it!
With this in mind, let’s all take a moment to review our comments on various threads pertaining to the various politicians and candidates, as well as various activists, actors, celebrities, and public figures about whom we have posted derogatory comments.
Every single one of them would now be more likely to sue Free Republic, due to an increased likelihood of winning.