Does a finding of wilfulness, malice or reckless disregard constitute a "knowing false statement"?

California, United States of America


The following excerpt is from Calligan v. Superior Court (Gates), 185 Cal.App.3d 734, 230 Cal.Rptr. 388 (Cal. App. 1986):

In this respect the majority opinion is seriously misleading. It quotes Garrison v. Louisiana (1964) 379 U.S. 64, 85 S.Ct. 209, 13 L.Ed.2d 125 to the effect that " 'the lie, knowingly and deliberately published about a public official,' " and " '[c]alculated falsehood fall[ ] into that class of utterances which "are no essential part of any exposition of ideas...." [Citation.] Hence, the knowingly false statement and the false statement made with reckless disregard of the truth, do not enjoy constitutional protection.' ( Id., at p. 75 [85 S.Ct. at p. 216].)" (Maj. opn., at p. 391.) Elections Code section 10013.5 does not require a finding of wilfulness, malice, or reckless disregard; nor was any evidence presented below on the subject or any such finding made.

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