---
title: "Build a defamation defences checklist from the publication and the file"
url: "https://ailawframework.com/practice/defamation-and-media-law/build-a-defences-checklist-from-the-publication-and-the-file/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A33-T1-R4-US"
practice_area: "Defamation & Media Law"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Build a defamation defences checklist from the publication and the file

> Against each pleaded meaning, list the file material that goes to truth, privilege, opinion or fault, with pins. State no conclusion.

Canonical page: https://ailawframework.com/practice/defamation-and-media-law/build-a-defences-checklist-from-the-publication-and-the-file/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Defamation & Media Law](https://ailawframework.com/practice/defamation-and-media-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Against each pleaded meaning, list the file material that goes to truth, privilege, opinion or fault, with pins. State no conclusion. |
| What the lawyer must review | You decide which defences to plead. Truth and privilege are state law. California Civil Code § 47 privileges fair and true reports of judicial, legislative and other public proceedings, and publications in those proceedings, with the exceptions the section states. Sullivan requires a public official to prove knowledge of falsity or reckless disregard. Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974): states may set the fault standard for a private plaintiff so long as they do not impose liability without fault, and presumed or punitive damages need Sullivan fault. Milkovich rejects a free-standing opinion privilege. |
| Written for | United States |
| Applies to | [Build a defences checklist from the publication and the file](https://ailawframework.com/practice/defamation-and-media-law/build-a-defences-checklist-from-the-publication-and-the-file.md) |

## Checking plan

- What the AI does: Against each pleaded meaning, list the file material that goes to truth, privilege, opinion or fault, with pins. State no conclusion.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Section 47 is California. A fair-report privilege in another state has its own words.
- Actual malice is knowledge of falsity or reckless disregard for the truth. Common-law ill will is a different question.

## Sources

- [California Civil Code § 47 (privileged publications and broadcasts)](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=47) (checked 2026-10-22)
- [New York Times Co. v. Sullivan, 376 U.S. 254 (1964)](https://www.law.cornell.edu/supremecourt/text/376/254) (checked 2026-10-22)
- [Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974)](https://www.law.cornell.edu/supremecourt/text/418/323) (checked 2026-10-22)
- [Milkovich v. Lorain Journal Co., 497 U.S. 1 (1990)](https://www.law.cornell.edu/supremecourt/text/497/1) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Defences assessment checklist for a publisher facing a defamation complaint](https://ailawframework.com/precedents/defamation-and-media-law/publisher-defences-assessment-checklist.md) | Checklist | Yellow | Checklist for testing each statutory defence under the Defamation Act 2005 (NSW) against the imputations complained of: justification, contextual truth, privilege, public documents and fair report,… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*