ABSTRACT
Actual malice is a technical concept. It derives from case law dealing with defamation of an individual in the "public eye," also called a "public figure," who claims damage to reputation from false, published material. The US Supreme Court reversed the state court on the basis that it had inadequately protected First Amendment rights, and it established the actual-malice standard to govern future cases involving public figures. Public figures who would have solid cases where advocacy or negligence has tarred a reputation through falsehoods have a difficult burden of proof, and the courts are more concerned about intent than about truth or falsity. The level of fault differs for public figures versus ordinary private citizens. A public official is subject to the higher standard of "actual malice" because the courts wish to encourage "uninhibited, robust and wide-open debate" on the actions of the holders of public office.
