“Actual malice”

September 6, 2013

  • 237 Libel and Slander
  • 237II Privileged Communications, and Malice Therein
  • 237k51 Existence and Effect of Malice
  • 237k51(5) k. Criticism and Comment on Public Matters and Publication of News.

237 Libel and SlanderCelebrity civil rights icon failed to establish actual malice as required to support her defamation-by-implication claim under Michigan law against rap group and its producer for use of her name as the title of their song, where the song was plainly not about her in any biographical sense of the term, and did not make any factual statements about her; the mere fact that the celebrity’s name was attached to something offensive was not enough to overcome the defendants’ First Amendment rights.
Parks v. LaFace Records, 329 F.3d 437 (6th Cir. 2003)
Suggested by Christina Kline, Attorney; Lorandos Joshi, P.C.; Ann Arbor, MI