Gerald Heaney, Peoples Bank & Trust Company of Mountain Home v…
“ Indeed, there is more than sufficient evidence to conclude that Globe intends its readers to believe the Sun generally. Although there is less evidence to conclude that Globe intended its readers to believe facts specifically about Mitchell, we conclude there is sufficient evidence to find that it recklessly failed to anticipate that result.1. The Medium Globe contends that actual malice, as a matter of law, cannot exist in a work that is intended to be an obvious fiction. Traditionally, to find malice in a defamation case there must first be a false statement of fact. ”
