Oliver "Buck" Revell v. David Hoffman, an Individual Alexander B. Magnus, an Individual Americans for Responsible Media, a Foreign Corporation
309 F.3d 1228 · Court of Appeals for the Tenth Circuit · 2002
Facts
Oliver "Buck" Revell, a former high-ranking FBI official, sued author David Hoffman and Americans for Responsible Media (ARM) for defamation and civil conspiracy under Oklahoma law. Hoffman's books contained statements alleging Revell's involvement in a "death squad," advance knowledge of the Pan Am 103 bombing, and obstruction of justice. The district court granted summary judgment for the defendants, finding Revell to be a public figure who failed to prove actual malice.
Issue
Did the district court err in granting summary judgment by finding that Revell, as a public official, failed to present sufficient evidence of actual malice by the defendants to sustain his defamation and civil conspiracy claims?
Holding
The appellate court affirmed the district court's grant of summary judgment, holding that Revell remained a public official for First Amendment purposes despite his retirement. The court found that Revell failed to provide clear and convincing evidence that the defendants published the statements with actual malice, and thus, the civil conspiracy claim also failed.
Rule
To recover for defamation, a public official must prove by clear and convincing evidence that the defamatory statement was made with "actual malice," meaning with knowledge of its falsity or with reckless disregard for its truth. Actual malice is a subjective inquiry requiring evidence that the defendant entertained serious doubts about the truth of the publication, and mere failure to investigate or the inherent improbability of statements is insufficient to prove it.
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