Section 5.30 Actual Malice Is a Subjective Determination

• Library: Tort Law 2016

(1) (§5.30) Actual Malice Is a Subjective Determination

In St. Amant v. Thompson, 390 U.S. 727, 731 (1968), the U.S. Supreme Court indicated that constitutional "actual malice" was subjective in nature because, to show that a publisher acted with "actual malice," the plaintiff had to prove either that the publisher possessed actual knowledge of falsity or that the publisher subjectively entertained serious doubts as to the truth of what the publisher was publishing. See also Harte-Hanks Commc’ns, Inc. v....