What is the higher standard a public figure must prove?
Minneapolis litigator David Olsen of Henson & Efron discusses the higher standard that public figures must prove in First Amendment cases.
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It’s referred to as actual malice. And actual malice doesn’t have anything to do with bad intent or I wanted to be mean. Actual malice means that you have to prove that the person making the statement either knew it was true or acted with reckless disregard for the truth. And reckless disregard for the truth means that they either knew the statement was true and said it anyway or they didn’t know whether it was true or false and still said it anyway and reported it as fact.