Are public officials given additional protection from defamation claims?
In South Dakota, public officials are given additional protection from defamation claims. This means that public officials are held to a higher standard when making claims. In order to prove defamation against a public official in South Dakota, a plaintiff must prove not only that the statement made was false, but that the statement was made with actual malice or a reckless disregard for the truth. Actual malice is defined as a statement made with knowledge of its falsity or with reckless disregard for the truth. This means that if a public figure brings a defamation lawsuit, they must show that not only was the statement false, but it was made with knowledge of its falsity, or with reckless disregard for the truth. This is a higher standard than what is required for a private citizen to prove defamation. For private citizens, a plaintiff must prove only that the statement was false and that it caused harm to the plaintiff. In South Dakota, public officials have additional protections to insure that truth is held to a high standard, as opposed to public opinion which can be based on untruths or half-truths. By requiring public officials to prove that statements made against them were made with actual malice, the South Dakota court system helps protect its citizens from being falsely accused of any wrongdoing.
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