Also known as: presumptions of falsity · presumed falsity
Written by attorneys · grounded in primary & secondary sources — see below
A common-law evidentiary rule in defamation actions under which a defamatory statement is presumed false. The defendant therefore bears the burden of proving truth as an affirmative defense. The First Amendment displaces this presumption when a private plaintiff sues a media defendant over speech on a matter of public concern, requiring the plaintiff to prove falsity instead.
Paula Pierce, a private real-estate broker, sues a neighborhood newsletter for an article accusing her of steering minority buyers away from affluent subdivisions. The article fuels citywide debate on housing discrimination. Because the speech addresses a matter of public concern, Paula must affirmatively prove the statements false rather than rely on any presumption of falsity.
Priscilla Parks sues a newspaper after an article implies she had an adulterous relationship with a neighbor. The newspaper does not claim the relationship actually occurred. Under the common-law rule, the article is presumed false and the newspaper must prove truth as a defense to avoid liability.
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The First Amendment requires the plaintiff to prove falsity when the speech involves a matter of public concern and the defendant is a media entity. This rule prevents the risk that true speech on public issues will be chilled by erroneous jury findings of falsity.
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No. The presumption remains available only when the speech does not involve a matter of public concern. When public concern is present, the Constitution invalidates the presumption and places the burden on the plaintiff.
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The plaintiff must prove falsity by clear and convincing evidence. This heightened standard further protects speech on matters of public importance from the chilling effect of potential erroneous liability.
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