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> a potentially genuine mistake in their opinion/judgement The standard for defamation in the case of public figures (for which the parents of the Sandy Hook v
by jcranmer 4y ago
> a potentially genuine mistake in their opinion/judgement
The standard for defamation in the case of public figures (for which the parents of the Sandy Hook victims probably qualify because it's that broad) is "actual malice"--the speaker needs to either know that the statement was false (at the time it was made) or entertained serious doubts as to its veracity. For non-public figures, it's generally lowered to "reckless negligence". The other required element for defamation is that it has to be damaging--you need to show that you suffered as a result of the allegedly defamatory statement.
If it's at the point where the statement is causing people to issue death threats against you, it's not a "potentially genuine mistake".
- dragonwriter 4y ago> The standard for defamation in the case of public figures (for which the parents of the Sandy Hook victims probably qualify because it's that broad) is "actual malice" That's true, but also somewhat irrelevant since Jones suffered default due to wilfully refusing to comply with court process; there was no trial on liability, only damages.
- jcranmer 4y agoI was answering for the general case more than the specifics of the lawsuits that Jones faces; you've already covered the defaulting aspect well.