7.3 Fault Based Upon Plaintiff's Status.

• Jurisdiction: Arizona

7.3 Fault Based Upon Plaintiff’s Status.

The level of fault required in a defamation case is based on the status of the plaintiff and whether the subject matter of the speech involves an issue of public concern. In New York Times Co. v. Sullivan , the U.S. Supreme Court held that a public official suing for defamation concerning speech involving an issue of public concern must prove “actual malice” to prevail in a libel suit.¹⁹ Under New York Times , “actual malice” requires proof that the statement was made “with knowledge that it was false or with reckless disregard of whether it was false or not.”²⁰ The...