How do you prove the public impact of a statement in a defamation case?

In order to prove the public impact of a statement in a defamation case under South Dakota law, the plaintiff must show that the statement is false and that it was published or broadcast to at least one other person. The plaintiff must also demonstrate that the statement caused actual harm, such as damages to their reputation or loss of business opportunities. For the most part, public impact is determined by the severity and reach of the statement. Publications in major newspapers or broadcasts on large television or radio networks are more likely to be considered publicly impactful than a statement made in a private conversation. Additionally, the number of people who heard or read the statement and the sensitivity of the issue also impacts the public impact determination. Furthermore, if the defendant can prove that the statement was true or that they had a good faith belief that the statement was true, they may not be held liable for defamation. South Dakota law also provides a defense if the defendant can prove that the statement is one of opinion, rather than a fact. Lastly, some people are considered public figures, such as politicians, celebrities, and business owners, and in these cases the plaintiff must prove that the statement was made with actual malice, meaning that the defendant knew the statement was false but made it anyway.

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How do you prove the public impact of a statement in a defamation case?

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