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I've mentioned this a few times here, and a few times on Reddit.
For Brady, Kraft, the Patriots, etc., to prevail in a defamation case, they must prove the poorly-named actual malice.
Three important points about actual malice:
For Brady, Kraft, the Patriots, etc., to prevail in a defamation case, they must prove the poorly-named actual malice.
Three important points about actual malice:
- Actual malice does not require intent to cause harm per se.
- It does, however, require reckless disregard for the truth. Brady would have to prove, for example, that either the NFL knew that what they were saying was incorrect, or that they entertained serious doubts regarding its veracity.
- It is not sufficient to simply prove that the information is false. Nor is simple incompetence sufficient.