Changes

In ''Lansdowne v. Beacon Journal Pub. Co.'', 32 Ohio St.3d 176, 180, 512 N.E.2d 979, 984 (1987), the [[Ohio]] Supreme Court established its state requirements for proof of [[defamation]]:

In '''''Lansdowne v. Beacon Journal Pub. Co.''''', 32 Ohio St.3d 176, 180, 512 N.E.2d 979, 984 (1987), the [[Ohio]] Supreme Court established its state requirements for proof of [[defamation]]:

:[I]n our attempt to achieve the proper balance between the protection to private persons from injuries to reputation and to provide adequate "breathing space" for freedom of the press and freedom of speech, we modify the Embers standard and hold that in private-figure defamation actions, where a prima facie showing of defamation is made by a plaintiff, the plaintiff must prove by clear and convincing evidence that the defendant failed to act reasonably in attempting to discover the truth or falsity or defamatory character of the publication. "Clear and convincing evidence is that measure or degree of proof which is more than a mere 'preponderance of evidence,' but not to the extent of such certainty as is required 'beyond a reasonable doubt' in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established." Cross v. Ledford (1954), 161 Ohio St. 469, 53 O.O. 361, 120 N.E. 2d 118, paragraph three of the syllabus. "* * * In a case presenting a configuration of speech and plaintiff like the one we face here, and where the scales are in such an uncertain balance, we believe that the Constitution requires us to tip them in favor of protecting true speech." Hepps, supra, at 793.

:[I]n our attempt to achieve the proper balance between the protection to private persons from injuries to reputation and to provide adequate "breathing space" for freedom of the press and freedom of speech, we modify the Embers standard and hold that in private-figure defamation actions, where a prima facie showing of defamation is made by a plaintiff, the plaintiff must prove by clear and convincing evidence that the defendant failed to act reasonably in attempting to discover the truth or falsity or defamatory character of the publication. "Clear and convincing evidence is that measure or degree of proof which is more than a mere 'preponderance of evidence,' but not to the extent of such certainty as is required 'beyond a reasonable doubt' in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established." Cross v. Ledford (1954), 161 Ohio St. 469, 53 O.O. 361, 120 N.E. 2d 118, paragraph three of the syllabus. "* * * In a case presenting a configuration of speech and plaintiff like the one we face here, and where the scales are in such an uncertain balance, we believe that the Constitution requires us to tip them in favor of protecting true speech." Hepps, supra, at 793.

: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]]