Under constitutional privilege, a public official or public figure must prove that the defendant published the defamatory and false comment with knowledge of the comment's falsity or in reckless disregard of the truth.

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This standard is known as "actual malice," established in the landmark Supreme Court case New York Times Co. v. Sullivan, which requires public figures to prove that defamatory statements were made with knowledge of their falsity or with reckless disregard for the truth.

Under Constitutional Privilege, a Public Official or Public Figure Must