Document Type
Case Summary
Publication Date
3-2024
Case Synopsis
For the first time, the Nevada Supreme Court directly discussed a plaintiff’s burden of proof, under the second prong of NRS 41.660(3). Specifically, the Court held that the second prong’s burden on the plaintiff to produce prima facie evidence of a probability of prevailing on the respective public figure defamation claim was only met if the plaintiff proffers evidence sufficient for a jury to find, by clear and convincing evidence, in favor of the plaintiff on the actual malice element. A failure by the plaintiff to meet the clear and convincing standard requires the court to dismiss a public figure defamation claim pursuant to NRS 41.650 and NRS 41.660(1)(a), as to limit the chilling effect of civil litigation on First Amendment free speech.
Recommended Citation
Miller, Elijah, "Wynn v. The Associated Press, 140 Nev. Adv. Op. 6 (Feb. 8, 2024)" (2024). Nevada Supreme Court Summaries. 1635.
https://scholars.law.unlv.edu/nvscs/1635