§ 14-13 Defamation - Constitutional Actual Malice

• Library: South Carolina Requests to Charge - Civil (SCBar) (2016 Ed.)

§ 14-13 Defamation - Constitutional Actual Malice

In cases involving the defamation of a public official [public figure], the plaintiff must prove the defendant acted with constitutional actual malice, that is, with knowledge that the statement was false or with reckless disregard of whether it was false or not. Actual malice means the publisher of the statement had knowledge the statement was false or acted with reckless disregard as to whether or not it was false.

A "reckless disregard" for the truth requires more than a departure from reasonably prudent conduct. There must be sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of his publication. Further, there must be evidence the defendant had a high degree of awareness of probable falsity.

See Old Dominion Branch No. 496 v. Austin, 418 U.S.

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