Journal-Gazette Co. v. Bandido's, Inc.

I respectfully dissent from the majority opinion as to its disapproval of Indiana’s traditional common law standard, the failure to use reasonable care (often referred to as “negligence”), in private defamation cases against media defendants. The majority instead chooses the actual malice standard, which federal constitutional jurisprudence mandates only in certain other specified circumstances.

A. Limitations Imposed by Federal Jurisprudence ■

Defamation actions, when brought against media defendants, are subject to limitations imposed by the First Amendment1 to the Constitution of the United…