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Simple English definitions for legal terms
New York Times rule
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A quick definition of New York Times rule:
The New York Times rule is a simple ethical guideline that suggests one should not do anything that could be considered newsworthy, whether in public or private, that they would not want to see reported on the front page of a major newspaper. This rule is also known as the New York Times test or the New York Times v. Sullivan rule. Malice is the intent to commit a wrongful act, and actual malice refers to the deliberate intent to cause harm or injury, as evidenced by external circumstances. To prevail in a defamation case, a plaintiff who is a public official or public figure must prove actual malice on the part of the defendant. Other types of claims may also require proof of actual malice to recover damages.
A more thorough explanation:
The New York Times rule is a common sense ethical guideline that suggests one should not do anything that could be considered newsworthy, whether in public or private, that they would not want to see reported on the front page of a major newspaper. This rule is also known as the New York Times test or the New York Times v. Sullivan rule.
For example, if a politician is caught engaging in illegal activity, they would not want to see this reported on the front page of a major newspaper. Therefore, they should avoid engaging in any activity that could be considered illegal or unethical.
The New York Times rule is based on the concept of malice, which refers to the intent to commit a wrongful act without justification or excuse. Malice can also refer to reckless disregard for the law or a person's legal rights, or ill will and wickedness of heart.
Actual malice is a legal term that refers to the deliberate intent to commit an injury, as evidenced by external circumstances. In the case of defamation, actual malice refers to knowledge that a statement is false or reckless disregard for whether the statement is true.
To avoid violating the New York Times rule, individuals should consider the potential consequences of their actions and avoid engaging in any activity that could be considered newsworthy in a negative way.