Actual malice is defined by the Supreme Court as actual knowledge that the statement is false or reckless disregard for the truth. This means you made a claim understanding it was false and then published it.
Actual Malice
This means you either published a statement knowing it was false or acted with reckless disregard for the statement's truth or falsity. Courts deciding whether you acted with actual malice consider your state of mind at the time you made the defamatory statement.
In defamation claims, the reckless disregard for truth element requires a plaintiff to demonstrate that the defendant had grave reservations about the precision of the material.
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