Changes

:However, in cases such as the one at bar, where actual malice need not be proven, we decline to embrace the independent review requirement. "* * * The negligence standard for compensatory damages that we have adopted is not a matter of governing federal constitutional law; rather, within the parameters authorized by Gertz, we have fixed the standard as a matter of state law. Accordingly, Bose, as well as the federal decisions on which it is based, is not controlling on this issue." Gazette, Inc. v. Harris (1985), 229 Va. 1, 20, 325 S.E. 2d 713, 728, certiorari denied (1985), 472 U.S. 1032. Therefore, we will continue to adhere to our traditional standard of review in defamation actions involving private-figure plaintiffs.

:However, in cases such as the one at bar, where actual malice need not be proven, we decline to embrace the independent review requirement. "* * * The negligence standard for compensatory damages that we have adopted is not a matter of governing federal constitutional law; rather, within the parameters authorized by Gertz, we have fixed the standard as a matter of state law. Accordingly, Bose, as well as the federal decisions on which it is based, is not controlling on this issue." Gazette, Inc. v. Harris (1985), 229 Va. 1, 20, 325 S.E. 2d 713, 728, certiorari denied (1985), 472 U.S. 1032. Therefore, we will continue to adhere to our traditional standard of review in defamation actions involving private-figure plaintiffs.

[[category:State Court Cases]]

[[Category:State Court Cases]]

[[Category:defamation]]

[[Category:Defamation]]