Also known as: reckless disregard · recklessly disregard the truth · recklessly disregarding the truth · actual malice · Sullivan reckless disregard
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state in which a speaker or publisher entertains serious doubts about the truth of a statement or acts with a high degree of awareness of its probable falsity. This standard measures fault in defamation and related tort claims involving false statements. It requires more than negligence but less than actual knowledge of falsity.
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Ravi Reddy repeated a false accusation in a company newsletter despite obvious doubts about its accuracy. The employer had ignored clear evidence contradicting the claim. When Reddy was sued for defamation, his own failure to investigate did not bar recovery because the employer's conduct amounted to reckless disregard of the truth.
Ralph Richardson, a reporter, deliberately changed a public official's words in an article about a scandal. The alteration reversed the official's meaning on a key point. The change supported a finding of reckless disregard because it materially distorted the statement's truth.
Rhea Reynolds, an attorney, publicly claimed a judicial candidate lacked integrity without checking any records. She repeated the charge in campaign materials despite obvious red flags in her source. The statement violated professional rules because it was made with reckless disregard as to its truth.
Ricardo Rojas published an article accusing a public official of corruption. He relied on a single unverified tip and ignored readily available records that contradicted the claim. The publication met the reckless disregard standard because Rojas proceeded despite obvious doubts about accuracy.
Roland Rhodes prepared a credit report on a private company that contained false negative statements. The report circulated only to a small group of subscribers and did not address any public controversy. Presumed damages were available without proof of reckless disregard because the speech concerned a private matter.
Regina Robinson ignored multiple warnings that a quoted source was fabricated and still published the accusation in a press release. Her conduct created a foreseeable risk that the false statement would be republished and cause reputational harm. The heightened culpability of reckless disregard supported a finding that her actions bore a sufficient causal relation to the resulting harm.
No. A plaintiff's ordinary contributory negligence does not bar recovery for harm caused by the defendant's reckless disregard for safety. Only the plaintiff's own reckless conduct would bar the claim under that standard.
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The defendant must have published the false statement while entertaining serious doubts about its truth or with a high degree of awareness of probable falsity. Mere negligence or failure to verify is insufficient.
…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,…
…overcome the constitutional privilege by making a factual showing sufficient to prove publication of defamatory falsehood in
…nowhere appear in the Constitution's text . . . . The Constitution makes no mention, for example, of the First Amendment's 'actual malice
…warrant was misled by information in an affidavit that the affiant knew was false or would have known was false except for his reckless disregard of the truth; where the issuing magistrate wholly abandoned his judicial role; where the affidavit is so lacking in indicia of probable cause as to render official belief in its existence entirely…
…(2) whether petitioner Hutchinson is either a “public figure” or a “public official,” thereby making applicable the “actual malice
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Yes. A lawyer may not make a statement known to be false or made with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judicial candidate.
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They may be recovered without that showing when the defamatory statements do not involve matters of public concern, such as a credit report about a private company's financial condition circulated to limited subscribers.
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The fact that misconduct was reckless rather than merely negligent is taken into account when deciding whether the conduct bears a sufficient causal relation to the harm to impose liability.
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