Torts Lecture Twenty: Defamation – Public vs. Private Plaintiffs and Standards of Fault

Lecture Twenty explores the complex legal terrain of defamation, focusing on the critical distinctions between public and private plaintiffs and the varying standards of fault that apply. In defamation cases, the identity of the plaintiff significantly influences the burden of proof. Public figures and officials must demonstrate “actual malice”—that the defamatory statement was made with knowledge of its falsity or reckless disregard for the truth—reflecting the constitutional protections of free speech under the First Amendment. Private individuals, on the other hand, typically need only show negligence, making it easier to recover damages. This lecture unpacks landmark cases like New York Times Co. v. Sullivan, analyzes the rationale behind heightened protections for speech about public figures, and examines how courts balance reputational interests with freedom of expression. Through case law and hypothetical scenarios, students gain a nuanced understanding of how defamation law adapts to the plaintiff’s status and the societal value of the speech in question.