Also known as: aware of probable falsity · reckless disregard · actual malice
Written by attorneys · grounded in primary & secondary sources — see below
A subjective mental state in which a speaker or publisher entertains serious doubts about the accuracy of a statement. This state satisfies the reckless disregard prong of actual malice when publishing defamatory material about public officials or figures.
East Aviation received Lewis's tip accusing Regina of fabricating safety certifications but noticed the attached document contained an obvious misreading of test results. The editors published the story without contacting agency experts or reviewing their own files for contradicting reports. Because the editors proceeded despite clear indications the account was likely false, they acted with awareness of probable falsity.
A reporter obtained an interview with a public official but deliberately rearranged the official's words to imply endorsement of a corrupt contractor. The published version conveyed the opposite of the official's actual position on the matter. The material change in meaning established the reporter's awareness of probable falsity.
Select any source to read its text and confirm it supports the definition.
Ariana Azizi, a practicing attorney, publicly claimed that judicial candidate Alexandra Armstrong had accepted bribes, basing the assertion solely on an unverified rumor from a disgruntled litigant. Azizi made no effort to review court records or contact the candidate before speaking. The statement reflected Azizi's awareness of probable falsity regarding the candidate's integrity.
View Food published an accusation that Eloise traded inspection favors for free services, relying only on photographs from a fundraiser and a rival caterer's tip. The editors bypassed public inspection records and never sought Eloise's response. Their decision to publish without basic corroboration demonstrated awareness of probable falsity.
Alliance Holdings circulated a report to a small group of subscribers stating that a private company had engaged in accounting fraud. The report contained no indication the matter involved public concern. Because the speech addressed a private matter, recovery of presumed damages did not require proof of awareness of probable falsity.
Adrian Aguilar published statements accusing Anita Ali of professional misconduct after reading ambiguous regulatory filings that mentioned only routine audits. Aguilar drew definitive conclusions of fraud without any further inquiry. The reckless disregard shown by proceeding with awareness of probable falsity supported liability for resulting harm.
Awareness of probable falsity requires evidence that the publisher subjectively entertained serious doubts about the truth of the statement. Mere failure to investigate or verify facts, without such subjective doubts, amounts only to negligence and does not satisfy the actual malice standard.
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Reliance on a single unverified source does not necessarily establish awareness of probable falsity if the publisher had no reason to doubt the account. However, when the source's information contains obvious inconsistencies or the publisher ignores readily available contradictory evidence, courts may infer the required subjective doubt.
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The same subjective standard of knowledge of falsity or reckless disregard extends to false-light invasion of privacy claims involving public figures. Courts apply the actual malice requirement to prevent chilling protected speech in related tort actions.
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Evidence such as internal editorial notes expressing skepticism, obvious contradictions in source material that were ignored, or a deliberate decision not to contact obvious corroborating sources can demonstrate awareness of probable falsity.
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…conduct unless he proves that the statement was made with "actual malice"that is, with knowledge that it was false or with reckless disregard of whether it was false or not. An oft-cited statement of a like rule, which has been adopted by a number of state courts, is found in the Kansas case of Coleman v. MacLennan, 78 Kan. 711,…