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“Malice” and Defamation. How Intent Still Shapes the Boundaries of Free Speech

“Malice” is one of the oldest and most misunderstood concepts in defamation law. Once a moral judgment about spite and bad faith, it has evolved into a precise legal test that still determines how far free speech can go. This article explores how courts define malice in the age of social media and why proving it remains as difficult as ever.

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