7.14 Retraction Statute (Held Unconstitutional)

• Jurisdiction: Arizona

7.14 Retraction Statute (Held Unconstitutional).

More than 25 years ago, Arizona had a retraction statute limiting a defamation plaintiff’s recovery to “special damages” from a media defendant who published a timely and conspicuous retraction, unless the plaintiff could prove that the defendant had published with “actual malice.”⁹⁴ The retraction statute defined “special damages” as only those relating to “property, business, trade, profession or occupation.” Damages for injury to reputation and for...