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The First Amendment of the United States Constitution states as follows: Congress shall make no law respecting an establishment of religion, or prohibiting the free
The First Amendment of the United States Constitution states as follows: "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances."
- Discuss the meaning of the phrase "actual malice" in your own words. I'm looking for your own independent thoughts on the topic rather than simply reiteration of the textbook's definition. Explain how "actual malice" impacts the ease with which a "public official" (like the President) or a "public figure" (like celebrities or professional athletes) might prevail on a lawsuit for defamation? Do those people have an easier or a more difficult time of winning?
- Give your reasoned opinion as to whether society as a whole (as opposed to a particular individual) benefits from the "actual malice" requirement? Why does the "actual malice" requirement exist? Is it consistent with the freedom of speech guaranteed by the First Amendment? Why or why not?
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