7.12 Standard of Review

• Jurisdiction: Arizona

7.12 Standard of Review.

Division One of the Arizona Court of Appeals has recognized that whether a defamation plaintiff qualifies as a public official is a factual issue of federal constitutional dimension.⁸⁴ Accordingly, that court has engaged in de novo review to make an independent determination of a plaintiff’s public-official status.⁸⁵

The Arizona Supreme Court has similarly recognized the need for “independent appellate review” of whether the plaintiff proved “actual malice” by the defendant.⁸⁶ The Arizona Supreme Court explained that “[a]s expositors of the Constitution, courts must independently decide whether the evidence in the record is sufficient to cross the constitutional threshold that bars the entry of any judgment that is not supported by clear...