Under SB 1780, “an allegation that the plaintiff has discriminated against another person or group because of their race, sex, sexual orientation, or gender identity constitutes defamation per se.” So even when these allegations are false, they are automatically defamatory. Anyone in these circumstances wouldn’t have to prove “actual malice,” which was a standard set for defamation suits following the decision in the 1964 U.S. Supreme Court case New York Times vs. Sullivan. Additionally, the bill would make it easier to set up the conditions for a fact-finder to automatically infer that actual malice took place after an accusation of discrimination is made.
Under SB 1780, “an allegation that the plaintiff has discriminated against another person or group because of their race, sex, sexual orientation, or gender identity constitutes defamation per se.” So even when these allegations are false, they are automatically defamatory. Anyone in these circumstances wouldn’t have to prove “actual malice,” which was a standard set for defamation suits following the decision in the 1964 U.S. Supreme Court case New York Times vs. Sullivan. Additionally, the bill would make it easier to set up the conditions for a fact-finder to automatically infer that actual malice took place after an accusation of discrimination is made.