There is a high bar to proving libel in America. The Supreme Court has said that a public figure suing for libel must prove, by clear and convincing evidence, that the defamatory statement was made with “actual malice,” which is defined as knowledge of falsity or reckless disregard for the truth. “Recklessness” is the failure to use even slight care. Most such claims are dismissed before trial. This is particularly true in cases regarding expressive works, such as films and novels. Sometimes, however, the plaintiff has enough to get before a jury. A federal judge in Manhattan grappled with these concepts recently in a David versus Goliath case. In a groundbreaking decision against N
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