If a publication is sued for making critical comments about a product that could injure its reputation, the party bringing suit must show that there was malice or a reckless falsehood for there to be liability imposed.

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This statement is referring to the legal concept of "actual malice" in defamation cases involving public figures or matters of public concern. In order to impose liability on a publication for making critical comments about a product, the plaintiff would need to prove that the publication acted with actual malice – that is, that they knew the statements were false or acted with reckless disregard for whether they were true or false. Without actual malice, the publication would likely be protected by the First Amendment's guarantee of free speech.

If a Publication Is Sued for Making Critical Comments About