Also known as: NYT scienter · New York Times Co. scienter · actual malice · Sullivan scienter
Written by attorneys · grounded in primary & secondary sources — see below
The constitutional fault standard requiring a public official or public figure to prove that a defamatory statement was made with knowledge of its falsity or with reckless disregard of its truth or falsity.
A national magazine published a profile of a sitting senator that changed the senator's words about tax policy into an endorsement of a rival bill. The senator proved the editors had rearranged the quotes to reverse the original meaning. The court held the deliberate material change satisfied the scienter requirement.
A credit bureau circulated a report to five subscribers stating that a private firm had defaulted on loans. The firm sued for presumed damages. Because the report addressed a private commercial matter rather than public concern, the court permitted recovery without requiring proof of scienter.
Select any source to read its text and confirm it supports the definition.
A community newspaper accused a private resident of shoplifting. The resident proved the paper failed to check police records before publishing. The court allowed recovery on a negligence showing because the plaintiff was not a public figure and therefore did not need to establish scienter.
A television network aired a parody sketch depicting a famous actor in an absurd criminal scheme. The actor sued for emotional distress. The court dismissed the claim because the actor could not show the network published with scienter that viewers would treat the fiction as fact.
A newspaper ran an advertisement accusing a city police commissioner of ordering officers to commit perjury. The commissioner offered no evidence the paper knew the claims were false or doubted their accuracy. The court entered judgment for the paper because the commissioner failed to prove scienter.
A magazine published a dramatized account of a hostage incident that portrayed a private family in a false light. The family sued under a privacy theory. The court required them to prove scienter because the publication concerned a matter of public interest.
The official must prove by clear and convincing evidence that the defendant published the statement with knowledge of its falsity or with reckless disregard for its truth or falsity.
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No. A private figure may recover actual damages on a showing of negligence. Presumed or punitive damages, however, require proof of scienter when the speech addresses a matter of public concern.
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Alteration establishes scienter only when the change produces a material difference in meaning conveyed by the original statement. Trivial or non-substantive changes do not suffice.
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Yes. Public figures must prove scienter to recover for false-light or emotional-distress claims arising from expressive publications about them.
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…award of punitive damagesas distinguished from "general" damages, which are compensatory in natureapparently requires proof of actual malice under Alabama law, and the judge charged that "mere negligence or carelessness is not evidence of actual malice or malice in fact, and does not justify an award of exemplary or punitive…