But how is this actual
malice made out? It is by showing that the defendant knew the
statement which he made was false, or that his untrue statements
were grossly in excess of what the occasion required. Now is it
not very evident that the law is looking to a wholly different
matter from the defendant's intent? The fact that the defendant
foresaw and foresaw with pleasure the damage to the plaintiff, is
of no more importance in this case than it would be where the
communication was privileged. The question again is wholly a
question of knowledge, or other external standard. And what makes
even knowledge important? It is that the reason for which a man
is allowed in the other instances to make false charges against
his neighbors is wanting. It is for the public interest that
people should be free to give the best information they can under
certain circumstances without fear, but there is no public
benefit in having lies told at any time; and when a charge is
known to be false, or is in excess of what is required by the
occasion, it is not necessary to make that charge in order to
speak freely, and [140] therefore it falls under the ordinary
rule, that certain charges are made at the party's peril in case
they turn out to be false, whether evil consequences were
intended or not.
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