LaMon v. Butler

(dissenting) — I dissent on two grounds. First, this court should unequivocally reject the distinction between media/nonmedia defendants in determining the applicable standard of proof in libel cases. The majority states that the standard of proof depends upon the status of the defendant: "clear and convincing evidence" against a media defendant and "preponderance of the evidence" against a nonmedia defendant. Majority, at 220. To perpetuate this distinction, even while stating that it would not *227make any difference in deciding this case, majority, at 221, only lends confusion to an area of…