should-the-actual-malice-standard-be-revisited

QUESTIONS PRESENTED 1. Should the “actual malice” standard for statelaw defamation claims by “public figures” imposed by New York Times Co. v. Sullivan, 376 U.S. 254 (1964) be revisited by this Court—as a number of Justices have stated is as applied to non-media defendants? 2. Is it a misapplication of the Times v. Sullivan “actual malice” standard to deem the use of “footnotes” (citing supposed external sources) in an otherwise defamatory statement as negating all other evidence of actual malice, such as outright fabrication? 3. Regarding civil procedure, should this Court resolve the conflict among the Circuits by reversing the lower court’s ruling that a futile amendment of a complaint is required, and the failure to make such a futile amendment of a dismissed claim waives such dismissed claim and bars appellate review of its dismissal?