FACTOID # 100: The United States puts 0.7 % of its population in Prison - a vastly higher percentage than any other nation.
 
 Home   Encyclopedia   Statistics   Countries A-Z   Flags   Maps   Education   Forum   FAQ   About 
 
 
 
WHAT'S NEW
RECENT ARTICLES
More Recent Articles »
 

SEARCH ALL

FACTS & STATISTICS    Advanced view

Search encyclopedia, statistics and forums:

 

 

(* = Graphable)

 

 


Encyclopedia > Actual malice

Actual malice in US law is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." This is only the definition in the United States and came from the landmark 1964 lawsuit New York Times Co. v. Sullivan that ruled that public officials needed to prove actual malice in order to recover damages for libel. Wikiquote quotations related to: United States Wikinews has news related to this article: United States United States government Official website of the United States government - Gateway to governmental sites White House - Official site of the US President Senate. ... Law (a loanword from Old Norse lag), in politics and jurisprudence, is a set of rules or norms of conduct which mandate, proscribe or permit specified relationships among people and organizations, provide methods for ensuring the impartial treatment of such people, and provide punishments for those who do not follow... Information is a term with many meanings depending on context, but is as a rule closely related to such concepts as meaning, knowledge, instruction, communication, representation, and mental stimulus. ... 1964 was a leap year starting on Wednesday (link will take you to calendar). ... Holding The First Amendment, as applied through the Fourteenth, protected a newspaper from being sued for libel in state court for making false defamatory statements about the official conduct of a public official, because the statements were not made with knowing or reckless disregard for the truth. ... In English and American law, and systems based on them, libel and slander are two forms of defamation (or defamation of character), which is the tort or delict of making a false statement of fact that injures someones reputation. ...


This term was not newly invented for the Sullivan case, but was a term from existing libel law. In many jurisdictions proof of "actual malice" was required in order for punitive damages to be awarded, or for other increased penalties. Since proof of the writer's malicious intentions is hard to provide, proof that the writer knowingly published a falshood was generally accepted as proof of malice, under the assumption that only a malicious person would knowingly publish a falshood. In the Sullivan case the Supreme Court adopted this term and gave it constitutional significance, at the same time defining it in terms of the proof which had previously been usual.


Actual malice is different from common law malice which indicates spite or ill-will. This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Malice is a legal term referring to a partys intention to do injury to another party. ...


  Results from FactBites:
 
Actual malice - Wikipedia, the free encyclopedia (173 words)
In many jurisdictions proof of "actual malice" was required in order for punitive damages to be awarded, or for other increased penalties.
Since proof of the writer's malicious intentions is hard to provide, proof that the writer knowingly published a falsehood was generally accepted as proof of malice, under the assumption that only a malicious person would knowingly publish a falsehood.
Actual malice is different from common law malice which indicates spite or ill-will.
New York Times Co. v. Sullivan - Wikipedia, the free encyclopedia (967 words)
The actual malice standard requires that the plaintiff in a defamation or libel case prove that the publisher of the statement in question knew that the statement was false or acted in reckless disregard of its truth or falsity.
Many people have seen the term actual malice as puzzling, since the standard spelled out in the decision refers to knowledge or reckless lack of investigation, not to malicious intent.
In many jurisdictions, including Alabama (where the case arose), proof of "actual malice" was required in order for punitive damages to be awarded, or for other increased penalties.
  More results at FactBites »


 
 

COMMENTARY     


Share your thoughts, questions and commentary here
Your name
Your comments

Want to know more?
Search encyclopedia, statistics and forums:

 


Lesson Plans | Student Area | Student FAQ | Reviews | Press Releases |  Feeds | Contact
The Wikipedia article included on this page is licensed under the GFDL.
Images may be subject to relevant owners' copyright.
All other elements are (c) copyright NationMaster.com 2003-5. All Rights Reserved.
Usage implies agreement with terms, 1022, m