The term "actual malice," as used by the U.S. Supreme Court in New York Times v. Sullivan, refers to intent to cause harm and is also described as common law malice.

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"Actual malice" in New York Times v. Sullivan refers to publishing false information about public officials with knowledge of its falsity or with reckless disregard for its truth or falsity, not simply intent to cause harm.

The Term "Actual Malice," as Used by the U