“I have lost my reputation …. the immortal part of myself, and what remains is bestial.”
William Shakespeare, Othello, Act I, scene iii (1605)
Despite the many obstacles they face, claimants continue to pursue defamation cases and have prevailed in a few appellate court rulings recently here in Minnesota.
While often suffering setbacks, they are bolstered by murmurs that the U.S. Supreme Court may be leaning in favor of revisiting existing law and perhaps modifying it to make it more accommodating for claimants, particularly high-level public officials and public figures who are subject to the rigorous standard of “actual malice,” meaning knowing falsity or reckless disregard for the truth under the New York Times doctrine established nearly 60 years ago in New York Times v. Sullivan, 376 U.S. 254 (1964).
But while that relaxation has not yet occurred, and may never transpire, there have been a bevy of recent defamation duels decided by the federal and state appellate courts for Minnesota, so many in fact during the past few months that 2022 could be characterized as “The Year of Defamation.” The cases reflect the diverse doctrines that permeate defamation law, including high profile matters featuring well-known institutions or subjects.
In light of the unusually sizable number of defamation cases in 2022, the year ended fittingly with a defamation ruling by the Minnesota Court of Appeals in one of its final decisions of the year, reversing a defamation...
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