A public official does not have to prove that the defendant published a defamatory and false comment with knowledge or with reckless disregard of the comment's falsity and defamatory character.

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In the United States, a public official must prove that the defendant published a defamatory and false comment with actual malice, meaning with knowledge of its falsity or with reckless disregard for whether it was false or not, as established by the Supreme Court in New York Times Co. v. Sullivan (1964).

A Public Official Does Not Have to Prove That the Defendant