Actual malice

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Tort law
Part of the common law series
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emotional distress (IIED)
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Breach of confidence  · Abuse of process
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Alienation of affections
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Public nuisance  · Rylands v. Fletcher
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Actual malice in United States law is a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." Reckless disregard does not encompass mere neglect in following professional standards of fact checking. The publisher must entertain actual doubt as to the statement's truth. This is the definition in only the United States and came from the landmark 1964 lawsuit New York Times Co. v. Sullivan, which ruled that public officials needed to prove actual malice in order to recover damages for libel.

Actual malice is different from common law malice which indicates spite or ill-will.

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