@layman,
layman wrote:
The First Amendment does NOT give the press a license to lie (or to recklessly disregard the truth). If you disregard the truth, then you're gunna have to prove that what you published is, IN FACT, true. It's not enough to say you believed or "thought" it was true.
To elaborate: 1,000 people can tell you (a reporter) that x is true without a single person telling you it isn't. Even so, if x is false, and you know it's false, you're guilty of libel if you publish it. That's "malice," i.e., actual knowledge that the claim is false.
But what if you don't "know?" Well, if you have a good basis for making the claim AND IF you have done your best to "fact check" the claim, then you're OK, even if the claim does turn out to be false. That is for the press only. The average citizen can't claim that as a defense to libel.
But, if you disregard the truth, you can't make that claim. Then your only defense to a defamation claim is that the claim made was actually true. You have to prove it was true. Not "could be true;" could "reasonably be believed to be true," or any half-ass **** like that. Prove it's true, sucker.
The guy you defamed doesn't have to prove it was false.