7.2.1 “Of and Concerning.
| Jurisdiction | Arizona |
7.2.1 “Of and Concerning.
.” In New York Times Co. v. Sullivan , the U.S. Supreme Court constitutionalized the requirement that a defamatory publication be “of and concerning” a public official plaintiff.5 To be actionable in Arizona, all defamatory statements “must be published in such a manner that they reasonably relate to specific individuals.”6 The defamatory statement need not name or identify the plaintiff specifically, but the plaintiff bears the burden to show that the publication was “of and concerning” her.7 For example, extrinsic facts can be used to connect the statement to a plaintiff where the plaintiff is not identified by name.8
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