What it takes for a public figure to successfully sue for libel.
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Actual malice is the legal standard established by the Supreme Court for libel cases to determine when public officials or public figures may recover damages in lawsuits against the news media.
Beginning with the unanimous decision in New York Times Co. v. Sullivan (1964), the Supreme Court has held that public officials cannot recover damages for libel without proving that a statement was made with actual malice — defined as “with knowledge that it was false or with reckless disregard of whether it was false or not.”
The decision in Sullivan threw out a damage award against the New York Times, but only six of the nine justices fully agreed with Justice William J. Brennan Jr.’s use of the actual malice standard, which he derived from a Kansas Supreme Court ruling, Coleman v. MacLennan (Kan. 1908). Justices Hugo L. Black and Arthur J. Goldberg, joined by Justice William O. Douglas, thought the Court should go farther to protect criticism of public officials and debate about public affairs.
See also: Public Figures and Officials.
