“ It is for you to determine as a fact, if you have first determined from the evidence that defendant published the statement in question and that it is false, whether or not the statement in question was actually made with malice.'
The jury might well have understood these instructions to allow recovery on a showing of intent to inflict harm, rather than intent to inflict harm through falsehood. ”

“ Louisiana, 379 U.S. 64, 73, 85 S.Ct. 209, 215, 13 L.Ed.2d 125. 'The constitutional guarantees * * * (prohibit) a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made * * * with knowledge that it was false or with reckless disregard of whether it was false or not.' New York Times Co. ”