[Eugene Volokh] What It Takes to Allege "Actual Malice" in #TheyLied Libel-by-Accusation-of-Sexual-Assault Claims
The Volokh Conspiracy 2025-01-09
Summary:
Generally, when defendants made factual accusations based on what they said was personal knowledge, it's enough that plaintiff swear the statements are false, so it can be inferred that they are knowingly false. If that happens, it's usually up to the jury to decide who's telling the truth.