Also known as: knowledge of falsity · reckless disregard for the truth · actual malice
Written by attorneys · grounded in primary & secondary sources — see below
A culpable mental state consisting of either actual awareness that a statement is false or conscious indifference to its truth or falsity. This standard governs liability for defamation and certain privacy claims when the plaintiff is a public official or public figure or when the speech addresses a matter of public concern.
Reporter Dana published an article quoting Governor Kai Kwon as saying he favored tax breaks for his donors. In reality Kwon had said the opposite during the interview. Dana deliberately rearranged the words to reverse the statement. Because the change produced a material distortion of Kwon's position, the alteration satisfies knowledge of falsity.
Kestrel Aviation received a credit report circulated only to five subscribers stating that the company was insolvent. The report was false. Because the speech concerned a private commercial matter rather than public concern, Kestrel need not prove knowledge of falsity or reckless disregard to recover presumed damages.
Select any source to read its text and confirm it supports the definition.
Kristopher Kurtz, a local shop owner, sued a newspaper for falsely reporting that he had committed fraud. Kurtz proved the statements were false and negligent but offered no evidence that the paper knew they were false. He may recover actual damages under a negligence standard yet cannot obtain punitive damages without showing knowledge of falsity or reckless disregard.
Kylie Kerr, a well-known actress, sued a magazine that published a parody article implying she had committed crimes. The article contained no provably false facts. Because Kerr is a public figure, she must prove knowledge of falsity or reckless disregard to recover for false light or related emotional-distress claims.
Kiana Kwan sued a tabloid that published a photograph of her with a false caption stating she had been arrested for shoplifting. The caption was fabricated. Under Florida law Kwan must establish that the publisher acted with knowledge of falsity or reckless disregard for the truth to prevail on the false-light claim.
Police Chief Kelsey Kirk sued a newspaper that published an advertisement accusing him of ordering officers to commit perjury. The statements were false. Kirk must prove the publisher acted with knowledge of falsity or reckless disregard for the truth to recover damages for statements about his official conduct.
The official must prove the defendant published the false statement with knowledge that it was false or with reckless disregard of whether it was false or not.
No. States may permit recovery upon a showing of negligence alone. The knowledge-of-falsity standard applies only when the plaintiff seeks presumed or punitive damages.
The alteration must result in a material change in the meaning conveyed by the statement. Trivial or non-material changes are insufficient.
Yes. When the claim involves speech about a public figure or matter of public concern, the plaintiff must prove the defendant published the material with knowledge of falsity or reckless disregard for the truth.
Yes. The First Amendment restrictions on presumed and punitive damages apply only to speech on matters of public concern.
…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…