Williams was in the community unsupervised. Moreover, no one she spoke to, including police, firefighters, and members of the community, mentioned that Williams was under house arrest or that he was being supervised. Thus, Judge Kendall’s contention that Blackburn testified that she had no source for her statement that Judge Kendall had released Williams “unsupervised” into the community is not supported by the record. And while further investigation may have allowed Blackburn to more accurately report the specific circumstances surrounding William’s release, Judge Kendall has failed to clearly and convincingly establish that the Daily News or Blackburn either knew that the statement was false or recklessly disregarded the truth. See Harte-Hanks Communications, Inc., 491 U.S. at 688 (<HOLDING>); St. Amant v. Thompson, 390 U.S. 727, 731, 88
holding that the government need not prove actual notice to the prisoner holding failure to investigate before publishing is not sufficient to prove actual malice holding that under the first amendment where there is no proof of actual malice damages are limited to actual injury which excludes punitive damages but is not limited to outofpocket loss holding under federal law that public figure claiming iied based on defamatory nature of speech must prove actual malice holding plaintiff failed to prove actual malice when author was never called as a witness to confirm that he wrote the article