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Defenses to libel that can result in dismissal before trial include the statement being one of opinion rather than fact or being "fair comment and criticism", though neither of these are imperatives on the US constitution. Truth is an absolute defense against defamation in the United States, [1] meaning true statements cannot be defamatory. [2]
The defense of "fair comment" in the U.S. since 1964 has largely been replaced by the ruling in New York Times Co. v. Sullivan, 376 U.S. 254 (1964). This case relied on the issue of actual malice , which involves the defendant making a statement known at the time to be false, or which was made with a "reckless disregard" of whether the ...
This doctrine is applied in matters in which truth is used as an absolute defence to a defamation claim brought against a public figure, but only false statements made with "actual malice" are subject to sanctions. [2] A defendant using truth as a defence in a defamation case is not required to justify every word of the alleged defamatory ...
Controversially, damages in defamation cases brought by public officials are higher than those brought by ordinary citizens, which has a chilling effect on criticism of public policy [152] While the only statutory defence available under French defamation law is to demonstrate the truth of the defamatory statement in question, a defence that is ...
Attorneys for former University of Michigan hockey player Johnny Druskinis filed a defamation lawsuit against a website for allegedly falsely claiming he sprayed painted swastikas on the sidewalk ...
Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990), was a United States Supreme Court case that rejected the argument that a separate opinion privilege existed against libel. [1]
Rudy Giuliani’s lawyers want to ditch the former Big Apple mayor, claiming they disagree on a legal strategy as he seeks to wriggle out of a $148 million defamation judgment he owes to two ...
The teenagers sued the city, and the case was settled in 2014. Trump has long been outspoken on the case, which rocked New York in the late 1980s during a time when he was a leading figure in the ...