Libel and Slander

No suit for defamation without proof of ‘legal malice,’ court rules.

Church Law and Tax 1996-11-01

Libel and Slander

Key point. Persons who are “public figures” cannot be victims of defamation unless a defamatory remark is made with “legal malice,” meaning that the person making the remark knew it was false or made it with a reckless disregard for the truth. Some courts have ruled that ministers are public figures, making it more difficult for them to demonstrate they have been defamed.

A New York court ruled that a prominent minister could not sue a newspaper for an allegedly defamatory article, since he was unable to prove “legal malice.” Minister Louis Farrakhan sued a newspaper claiming that an article accusing him of complicity in the assassination of Malcolm X was defamatory. A court dismissed the lawsuit. It concluded that Farrakhan was a public figure; that public figures cannot sue for defamation unless they prove that the defamatory remark was made with legal malice; that legal malice means either knowledge that the remark was false or a reckless disregard to its truthfulness; and, that Farrakhan failed to prove that the newspaper was guilty of legal malice. The court noted that none of the following allegations amounted to legal malice: (1) failure to investigate and report on other accounts of the assassination; (2) failure to report on every aspect of the assassination; or (3) an unsubstantiated assertion that the newspaper relied on sources that were “dubious, historically uncreditable, revisionist works. Farrakhan v. N.Y.P. Holdings, Inc., 638 N.Y.S.2d 1002 (Sup. 1995). [ Defamation]

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations." Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.

ajax-loader-largecaret-downcloseHamburger Menuicon_amazonApple PodcastsBio Iconicon_cards_grid_caretChild Abuse Reporting Laws by State IconChurchSalary Iconicon_facebookGoogle Podcastsicon_instagramLegal Library IconLegal Library Iconicon_linkedinLock IconMegaphone IconOnline Learning IconPodcast IconRecent Legal Developments IconRecommended Reading IconRSS IconSubmiticon_select-arrowSpotify IconAlaska State MapAlabama State MapArkansas State MapArizona State MapCalifornia State MapColorado State MapConnecticut State MapWashington DC State MapDelaware State MapFederal MapFlorida State MapGeorgia State MapHawaii State MapIowa State MapIdaho State MapIllinois State MapIndiana State MapKansas State MapKentucky State MapLouisiana State MapMassachusetts State MapMaryland State MapMaine State MapMichigan State MapMinnesota State MapMissouri State MapMississippi State MapMontana State MapMulti State MapNorth Carolina State MapNorth Dakota State MapNebraska State MapNew Hampshire State MapNew Jersey State MapNew Mexico IconNevada State MapNew York State MapOhio State MapOklahoma State MapOregon State MapPennsylvania State MapRhode Island State MapSouth Carolina State MapSouth Dakota State MapTennessee State MapTexas State MapUtah State MapVirginia State MapVermont State MapWashington State MapWisconsin State MapWest Virginia State MapWyoming State IconShopping Cart IconTax Calendar Iconicon_twitteryoutubepauseplay
caret-downclosefacebook-squarehamburgerinstagram-squarelinkedin-squarepauseplaytwitter-square