Also known as: provable falsity · falsity
Written by attorneys · grounded in primary & secondary sources — see below
A factual assertion capable of being verified or falsified through examination of evidence or application of accepted scientific or mathematical methods. Statements that cannot be so verified receive constitutional protection in defamation actions involving matters of public concern.
Paul Peterson, a defense attorney, receives a witness affidavit that he knows was deliberately edited to change the timeline of events. He offers the document at trial without correction. The tribunal later discovers the alteration. Peterson faces discipline because the evidence is provably false.
Pilar Pena, a journalist, deliberately changes key words in a public official's speech when quoting it in an article. The alteration shifts the meaning from neutral to accusatory. The official sues for defamation. The change supplies the required showing that the statement is provably false.
Select any source to read its text and confirm it supports the definition.
Pearl Porter purchases property after the seller states it has no liens. Porter could have checked the public records but does not. The statement turns out to be false. Porter may still recover because the representation is provably false and reliance is justified.
Pavel Petrov, a lawyer, publicly claims a sitting judge accepted bribes without any factual basis. The statement is provably false. Petrov is subject to discipline for making a knowingly false accusation about a judicial officer.
Perry Pratt, a city council member, sues a newspaper over an article accusing him of corruption. The article contains factual claims that are provably false. Pratt must show the publisher acted with knowledge of falsity or reckless disregard to recover.
Phuong Pham receives a sales pitch claiming a product cures all diseases. The claim is obviously false on its face. Pham cannot recover for fraud because she is not justified in relying on a representation whose falsity is provably obvious.
A public figure must prove the statement is provably false and was published with actual malice. Actual malice requires knowledge of falsity or reckless disregard for the truth. The falsity element ensures the speech is not protected opinion.
Statements that cannot be verified or falsified by facts receive First Amendment protection. A reasonable reader must be able to understand the statement as asserting a factual claim that can be checked against evidence. Pure opinions or rhetorical hyperbole do not meet this test.
A lawyer may not offer evidence the lawyer knows to be false. Upon learning of falsity after offering material evidence, the lawyer must take reasonable remedial measures, including disclosure if necessary. This duty continues through the proceeding.
…because the statements were libelous per se, "the law . . . implies legal injury from the bare fact of publication itself," "falsity and malice are presumed," "general damages need not be alleged or proved but are presumed," and "punitive damages may be awarded by the jury even though the amount of actual damages is…