PRETRIAL ADJUDICATION
...Summary Judgment & Summary Adjudication
......Ruling on Motion
.........First Amendment Issues
7 Cards On This Topic:

Question for SJ is whether evidence can support reasonable jury finding that P has, or has not, shown actual malice by clear and convincing evidence; binding on Cal. cts.

Since jury verdict in defamation only supported when actual malice shown by clear and convincing evidence, evidence of all inferences reasonably be drawn from it must meet that higher standard.

SJ a favored remedy in defamation and invasion of privacy cases due to chilling effect of protracted litigation on 1st Amend. rights.

Not essential to liability that trier of fact find evil or malicious purpose; free press not threatened by requiring agents to operate w/in bounds of basic decency.

Summary judgment favored remedy in libel actions: Expeditious disposition of defamation litigation is paramount, given importance of speech freedoms in democratic society.

Though SJ is favored First Amend. remedy, does not mean SJ granted where there is triable issue of material fact.

As unnecessarily protracted litigation would have chilling effect on First Amend. rights, speedy resolution of free speech cases desirable; SJ is favored remedy