Wis JI-Civil 2511

(As to question 1, give the definition of “Defamation” from Wis JI-Civil 2501.)

Because of protections afforded a defendant such as (defendant) under the First

Amendment of the Constitution, (plaintiff) must prove that any defamatory statements

made (published) by (defendant) were made (published) with actual malice.

Your answers to questions 2 and 3 of the verdict will determine whether (defendant)

acted with actual malice in making (publishing) the alleged defamatory statements.

A person acts with actual malice when such person (makes) (publishes) a defamatory

statement knowing that the statement is false1 or with reckless disregard of whether it is

false or not.2 If you find that the statement was substantially true, then the statement is not

false. Slight inaccuracies of expression do not mean that the statement is false if it is true

in substance.

To find that (defendant) acted with reckless disregard of the truth or falsity of the

statement, you must determine that (defendant) had serious doubts as to the truth of the

statement or had a high degree of awareness that the statement was probably false.3

Reckless conduct is not measured by whether a reasonably prudent person would have

made (published) the statement or would have investigated the facts more thoroughly

before making (publishing) it.4 It is not enough to show that (defendant) made (published)

the statement from feelings of ill will or a desire to injure (plaintiff).5 There must be

sufficient evidence to permit the conclusion that (defendant) in fact entertained serious

doubts as to the truth of the statement made (published). Making (publishing) a statement

with such doubts shows reckless disregard for truth or falsity and demonstrates actual

malice.6

In the course of your deliberations, you need not accept as conclusive (defendant)’s

testimony that (he) (she) believed the statement to be true or had no serious doubt as to the

truth of the statement. You may consider such factors as whether there were obvious

reasons for (defendant) to doubt the veracity of (his) (her) information or whether the

statement is so inherently improbable that only a reckless person would have made

(published) it.7

(Plaintiff) has the burden of proof to convince you by evidence that is clear,

satisfactory, and convincing, to a reasonable certainty, that (defendant) made (published)

the statement knowing it was false or with reckless disregard of whether it was false or

not.8

(As to question 4, the damage question, give Wis JI-Civil 2516.)

(As to question 5, express malice, give Wis JI-Civil 2513.)

(As to question 6, punitive damages, give Wis JI-Civil 2520.)

(As to questions 4, 5, and 6, give Wis JI-Civil 205.)

SPECIAL VERDICT

Question 1: Was the statement made (published) by (defendant) (insert statement,

e.g., that John Jones took a bribe) defamatory?

Answer: ____________

Yes or No

Question 2: If you answered “yes” to question 1, answer this question:

Did (defendant) make (publish) such a statement knowing that it was

false?

Answer: ____________

Yes or No

Question 3: If you answered “no” to question 2, answer this question:

Did (defendant) make (publish) such a statement with reckless

disregard of its truth or falsity?

Answer: ____________

Yes or No

Question 4: If you answered “yes” to either of questions 2 or 3, answer this

question:

What sum of money will fairly and reasonably compensate (plaintiff)

because of such a defamatory statement?

Answer: $____________

Question 5: If you answered “yes” to either of questions 2 or 3, answer this

question:

Did (defendant) act with express malice in making (publishing) such

a statement?

Answer: ______________

Yes or No

Question 6: If you answered “yes” to question 5, answer this question:

What sum of money, if any, do you assess against (defendant) for

punitive damages?

Answer: $____________