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Re:A Twitter thread sparked a lawsuit against Nieman Lab’s f... by KittenInABox on Wednesday July 21, 2021 @12:25PM (#27908337)
No, you have to prove that it was stated with intent of spreading false information about the person who was wronged. A reporter who genuinely believed that Viola made those statements can't be judged as committing defamation.
Re:A Twitter thread sparked a lawsuit against Nieman Lab’s f... by dragonwriter on Wednesday July 21, 2021 @12:37PM (#27908483)
> No, you have to prove that it was stated with intent of spreading false information about the person who was wronged.

Even for public figures where the NY Times v. Sullivan “actual malice” standard applies, intentional/knowing falsity is not required; reckless disregard for the truth or falsity of the statement is sufficient for actual malice.

https://www.law.cornell.edu/wex/defamation

Re:A Twitter thread sparked a lawsuit against Nieman Lab’s f... by KittenInABox on Wednesday July 21, 2021 @01:11PM (#27909054)
OK, let me add in your clarification. Thank you for educating me on the matter.
Re:A Twitter thread sparked a lawsuit against Nieman Lab’s f... by spoonjim on Wednesday July 21, 2021 @12:29PM (#27908371)
So if I genuinely think you murdered a baby I can publish articles saying you did, with no legal consequence?
Re:A Twitter thread sparked a lawsuit against Nieman Lab’s f... by xadhominemx on Wednesday July 21, 2021 @12:38PM (#27908496)
Yes, that is the definition of defamation in the United States
Re:A Twitter thread sparked a lawsuit against Nieman Lab’s f... by colinmhayes on Wednesday July 21, 2021 @12:32PM (#27908421)
yes, if you can prove that you genuinely believe it.
Re:A Twitter thread sparked a lawsuit against Nieman Lab’s f... by spoonjim on Wednesday July 21, 2021 @12:38PM (#27908504)
In the US that standard is only applied to public figures. For a private figure, the speaker can commit defamation if they do not exert reasonable care to ensure that the statement is true.
Re:A Twitter thread sparked a lawsuit against Nieman Lab’s f... by xadhominemx on Wednesday July 21, 2021 @01:03PM (#27908933)
No, the burden is not “exert reasonable care that the statement is true”

It’s much more relaxed: “cannot have acted negligently in failing to ascertain whether the statement is true”