Also known as: malices · malicious · maliciously · malitia · malicious intent
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A culpable mental state supporting liability for offenses such as murder and arson. It includes a deliberate intent to kill or cause great bodily harm as well as reckless indifference to human life.
A culpable mental state supporting liability for offenses such as murder and arson. It includes a deliberate intent to kill or cause great bodily harm as well as reckless indifference to human life.
Select any source to read its text and confirm it supports the definition.
Knowledge that a statement is false or reckless disregard as to its truth or falsity. This standard governs recovery of presumed or punitive damages in certain defamation actions involving public officials or matters of public concern.
Select any source to read its text and confirm it supports the definition.
Knowledge that a statement is false or reckless disregard as to its truth or falsity. This standard governs recovery of presumed or punitive damages in certain defamation actions involving public officials or matters of public concern.
Each sense below has its own examples, sources, and questions.
Malcolm McKinley locked a laboratory door and wrapped an extension cord around a student's neck. He applied pressure for several minutes even after the student went limp. The resulting death from asphyxiation satisfies the malice element required for a murder conviction.
Matthew Martinez alleged that Mercury Industries knowingly misrepresented product specifications in a sales contract. The complaint stated the circumstances of the false statements with particularity but described the company's malice only in general terms. The pleading satisfies Rule 9(b) because malice may be alleged generally.
Melissa Mills sued after her fiancé broke their engagement. She proved he acted with malice when he publicly humiliated her and spread false rumors. The court permitted punitive damages because the tort aspect of the retained heartbalm action allows recovery upon a showing of malice.
Mason McCarthy waited outside a rival's home and fired multiple shots at close range after a prolonged argument. The deliberate targeting of a vital area establishes express malice through intent to kill. The facts support a murder charge rather than manslaughter.
Express malice requires a deliberate intent to kill another human being. Implied malice arises from an intent to inflict great bodily injury or from reckless indifference to an unjustifiably high risk to human life. Both forms satisfy the malice aforethought element of murder when no justification or mitigation applies.
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Rule 9(b) permits general allegations of malice, intent, knowledge, and other conditions of mind even though the circumstances of fraud or mistake must be stated with particularity. This distinction allows plaintiffs to plead the mental element without the same level of factual detail required for the underlying conduct.
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Marcus Mitchell, a reporter, changed a public official's statement in a published article. The alteration created a materially different meaning from the original words. The change supports a finding of actual malice sufficient to overcome First Amendment protections.
Majestic Construction received a negative credit report circulated only to a few subscribers. The report contained false statements about the company's finances. Because the matter was one of private concern, the company may recover presumed damages without proving actual malice.
No. Actual malice requires that the alteration produce a material change in the meaning conveyed by the statement. Trivial or non-material changes do not suffice to show knowledge of falsity under the constitutional standard.
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Actual malice must be shown to recover presumed or punitive damages when the speech involves a matter of public concern. When the defamatory statements concern only private matters, states may permit recovery of such damages without that showing.
Supporting sources
…law which subjects to prosecution "any person who speaks, writes, or prints of and concerning another any accusation falsely and maliciously importing the commission by such person of a felony, or any other indictable offense involving moral turpitude," and which allows as punishment upon conviction a fine not exceeding $500 and…