Because freedom of speech is one of our most cherished rights in this country, it’s not easy to file claims for defamation.
Our founding fathers saw the value of being able to speak freely and openly to and about each other, especially when it comes to public figures. It is an essential ingredient for a democracy, which is why it’s the very first amendment ever made to our constitution, and one that is constantly invoked by all parties in just about every political discussion.
Because such a high value has been placed on free and open discussion of public figures, those public figures have a higher burden of proof to bear when filing claims of defamation. Not only do they have to prove that the statement(s) in question was false, but that the person/entity who made the statement knew it was false at the time they published it, and that they did so with the intention of inflicting harm (financial or otherwise) on the person in question. Continue reading ›