Legal Definitions - constitutional malice

Definition:Constitutional malice is a legal term that refers to the deliberate intent to commit an injury, as evidenced by external circumstances. It is also known as actual malice and is characterized by reckless disregard of the law or of a person's legal rights.

For example, in a defamation case, if a person knowingly publishes a false statement or shows reckless disregard for the truth, they can be found to have acted with constitutional malice. This means that they intentionally caused harm to the person they defamed and did so without any justification or excuse.

Another example of constitutional malice is when a police officer uses excessive force against a suspect, knowing that it is illegal and violates the suspect's constitutional rights. In this case, the officer acted with deliberate intent to cause harm and disregarded the law and the suspect's legal rights.

Overall, constitutional malice is a serious legal concept that involves intentional harm and disregard for the law and legal rights. It is often used in cases of defamation, police brutality, and other situations where intentional harm has been caused.