Ohio Negligence Standard for Defamation is “Clear and Convincing”

In a 1987 decision, Lansdowne v. Beacon Journal Publication Co., 512 N.E.2d 979, the Ohio Supreme Court stated: in private-figure defamation actions, where a prima facie showing of defamation is made by a plaintiff, the plaintiff must prove by clear and convincing evidence that the defendant failed to act reasonably in attempting to discover the truth or falsity or defamatory character of the publication.

PROOF OF NEGLIGENCE BY “CLEAR AND CONVINCING EVIDENCE”

In a 1987 decision, Lansdowne v. Beacon Journal Publication Co., 512 N.E.2d 979, the Ohio Supreme Court stated: in private-figure defamation actions, where a prima facie showing of defamation is made by a plaintiff, the plaintiff must prove by clear and convincing evidence that the defendant failed to act reasonably in attempting to discover the truth or falsity or defamatory character of the publication. “Clear and convincing evidence is that measure or degree of proof which is more than a mere ‘preponderance of evidence,’ but not to the extent of such certainty as is required ‘beyond a reasonable doubt’ in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.” Id. at 984; quoting Cross v. Ledford (1954), 161 Ohio St. 469, 53 O.O. 361, 120 N.E.2d 118, paragraph three of the syllabus.