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See also Libel, Slander, and Defamation and all their subcategories. The phrase 'actual malice' is unfortunately confusing in that it has nothing to do with bad motive or ill will. See Rosenbloom v. Metromedia, Inc., 403 U.S. 29, 52, n. 18 (1971) (opinion of BRENNAN, J.). By instructing the jury 'in plain English' at appropriate times during the course of the trial concerning the not-so-plain meaning of this phrase, the trial judge can help ensure that the New York Times standard is properly applied. Tavoulareas, 260 U.S. App. D.C., at 84, 817 F.2d, at 807 (R. B. Ginsburg, J., concurring). See also Westmoreland v. CBS Inc., 596 F. Supp. 1170, 1172-1173, n. 1 (SDNY 1984) (suggesting that jury confusion can be minimized if a less confusing phrase, such as 'state-of-mind,' 'deliberate or reckless falsity,' or 'constitutional limitation' is used in the jury's presence). The actual malice standard is not satisfied merely through a showing of ill will or 'malice' in the ordinary sense of the term. See Beckley Newspapers Corp. v. Hanks, 389 U.S. 81 (1967) (per curiam); Henry v. Collins, 380 U.S. 356 (1965) (per curiam). 


The Court unanimously held that a ...

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