What is the standard of proof in defamation cases?

In District of Columbia, the standard of proof in defamation cases is the "actual malice" standard. This standard states that if an individual makes a statement with reckless disregard for the truth or with knowledge of the falsehood of the statement, that individual may be found liable for defamation. The actual malice standard was established by the U.S. Supreme Court decision New York Times Co. v. Sullivan in 1964. The actual malice standard applies to cases of defamation of private individuals. It does not apply to public persons, meaning people who are considered public figures. The standard for public figures is "actual malice" which states that a public figure must prove that someone published a false statement with a reckless disregard for the truth or with knowledge of the falsity of the statement. In addition to the actual malice standard, District of Columbia also recognizes a negligence standard for defamation cases. This standard states that if someone was negligent in making a statement that was later proven false, they can be found liable for defamation. To sum up, the standard of proof for defamation cases in District of Columbia is the actual malice or the negligence standard. This standard applies to private individuals and public figures. Individuals found to have published false statements with either reckless disregard for the truth or with knowledge of the falsity of the statement may be found liable for defamation.

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