What is “Constitutional Actual Malice in San Diego, Los Angeles and California defamation cases? When the plaintiff filing a libel or slander case is a public figure or public official, he or she must show the defendant acted with “constitutional” actual malice. This is a high standard and must be proved with convincing clarity.
To protect free speech, the First Amendment bars a public official or public figure from recovering damages unless the plaintiff proves the defendant acted with knowledge the statement was false or with reckless disregard of its truth or falsity.
Proof that the defendant was negligent, e.g., failed to investigate, or was sloppy before making the libelous or slanderous statement, cannot establish reckless disregard for the truth. The plaintiff must very clearly show the defendant seriously doubted the truth of the statement or acted with keen awareness of its demonstrable falsity.
Counsel and clients should evaluate constitutional actual malice requirements before launching a lawsuit.