3 ms·
"Actual Malice Actual malice is the standard of proof public figures must satisfy to win a defamation lawsuit. Essentially, actual malice is present when a de
by Ice_cream_suit 7y ago
"Actual Malice
Actual malice is the standard of proof public figures must satisfy to win a defamation lawsuit.
Essentially, actual malice is present when a defendant knowingly pubishes or broadcasts a false statement of fact.
Reckless disregard for the truth amounts to actual malice in some jurisdictions."
http://kellywarnerlaw.com/us-defamation-laws/ http://kellywarnerlaw.com/us-defamation-laws/
- wahern 7y agoThe key thing to realize here is that the plaintiff was not a public figure, notwithstanding his role in an otherwise well-publicized incident. The plaintiff doesn't have to show that Musk acted with malice or reckless disregard. Elon is fighting this because he can, but even his lawyer would know it's a loser. OTOH, it's probably a fun case for the lawyer, like the cases assigned in law school that are designed to be losers but you make it a personal challenge to see how far you can take it. Plus he's getting paid well.