Arkansas
How Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. applies in Arkansas: state-specific rules, key cases, and bar exam notes for Torts (Defamation / First Amendment).
Arkansas follows a balanced approach to defamation law, balanced between First Amendment rights and protections against reputational harm. Similar to the principles set forth in Dun & Bradstreet, Arkansas recognizes the distinction between public and private figures in defamation cases.
In Arkansas, a private individual must show that a statement was made with negligence as to the truth or falsity, thereby establishing liability for defamation without the higher burden of proving actual malice required for public figures.
The court held that the publication of false statements about a private individual requires only proof of negligence, reaffirming the state’s commitment to protecting individual reputations without imposing the actual malice standard.
This case established that even without malice, stating false accusations can result in liability if the plaintiff demonstrates the publisher's failure to verify the truth.
The court ruled that defamatory statements regarding private individuals in Arkansas allow recovery where the statements were made with negligent disregard of their truth.
Arkansas state law adopts a more plaintiff-friendly standard compared to federal law, as seen in cases like Dun & Bradstreet, where major distinctions exist between public and private plaintiffs in establishing defamation claims. Unlike federal requirements, private figures in Arkansas need only demonstrate negligence.
Dun & Bradstreet principles can appear in Arkansas bar exam essays, particularly regarding defamation claims and distinctions between public and private figures.