Description

While speech enjoys broad First Amendment protections in the United States, it is not an unlimited right. One category of unprotected speech is that which is defamatory - false or misleading statements that cause damage to someone else. The term "libel" refers to defamatory speech that appears in print, while "slander" references defamatory speech that is spoken. In the landmark case of New York Times v. Sullivan (1964), the Supreme Court narrowed this definition with regard to public figures. Fearing that a ban on any false statements would have a chilling effect on the abilities of the press to criticize elected officials or other government actors, the Sullivan decision imposed an additional requirement that speech targeting them must be "made with actual malice,” or “with knowledge that it was false or with reckless disregard of whether it was false or not” to be punishable as defamatory.