California, United States of America
The following excerpt is from Bindrim v. Mitchell, 155 Cal.Rptr. 29, 92 Cal.App.3d 61 (Cal. App. 1979):
As the majority agrees, a public figure may not recover damages for libel unless "actual malice" is shown. Sufficiency of the evidence on this issue is another constitutional issue (St. Amant v. Thompson (1968) 390 U.S. 727, 730, 88 S.Ct. 1323, 20 L.Ed.2d 262.) Actual malice is a state of mind, even though it often can be proven only by circumstantial evidence. The only apparent purpose of the defendants was to write and publish a novel. There is not the slightest evidence of any intent on the part of either to harm plaintiff. No purpose for wanting to harm him has been suggested.
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