What is the test for a defamation claim against a public figure?
California, United States of America
The following excerpt is from Schelske v. TMZ Prods., Inc., B262173 (Cal. App. 2016):
"Defamation requires the intentional publication of a false statement of fact that has a natural tendency to injure the plaintiff's reputation or that causes special damage." (Burrill v. Nair (2013) 217 Cal.App.4th 357, 383.) In addition, "[a] public figure suing for defamation 'must demonstrate "actual malice" by clear and convincing evidence.' [Citation.]" (Burrill v. Nair, supra, at p. 389.)
1. Public Figure
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