Actual Malice Standard
In the landmark case of The New York Times v. Sullivan, 376 U.S. 25 (1964), the Supreme Court developed the actual malice concept.
In the landmark case of The New York Times v. Sullivan, 376 U.S. 25 (1964), the Supreme Court developed the actual malice concept.
In constitutional adjudication, the balancing test is the predominant mode of case resolution, although major differences exist on ‘‘how to strike the balance.’’ The balance that must be struck is between individual freedoms and societal needs such as the need to preserve order.