In Gertz v. Robert Welch, Inc., the Supreme Court rejected the argument that it
should extend the New York Times test to defamation suits by private-figure plaintiffs
against media defendants. 418 U.S. 323, 345, 94 S. Ct. 2997, 3010-11 (1974). Instead,
the Court held that, “so long as they do not impose liability without fault, the States may
define for themselves the appropriate standard of liability for a publisher or broadcaster
of defamatory falsehood injurious to a private individual.” Id. at 347, 94 S. Ct. at 3010.
In reaching this conclusion, the Court explained “that [because] private individuals will
lack effective opportunities for rebuttal, there is a compelling normative consideration
underlying the distinction between public and private defamation plaintiffs.” Id. at 344,
94 S. Ct. at 3009.
In response to Gertz, the Minnesota Supreme Court adopted a negligence standard
for the mental state in civil cases of defamation involving private individuals in the civil
context. Jadwin v. Minneapolis Star & Tribune Co., 367 N.W.2d 476, 491 (Minn. 1985).
Private individuals asserting defamation claims in Minnesota “may recover actual
damages for a defamatory publication upon proof that the defendant knew or in the
exercise of reasonable care should have known that the defamatory statement was false.”
Id. To establish a defamation claim in Minnesota, a plaintiff must prove
that the defamatory statement is communicated to someone
other than the plaintiff; that the statement is false; that the
statement tends to harm the plaintiff’s reputation and to lower
the plaintiff in the estimation of the community, and that the
recipient of the false statement reasonably understands it to
refer to a specific individual.
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