If I may pick a nit, the test to be used in this case is not malicious intent, but negligence. In other words, in order to convict her of defamation, the jury must only be convinced that she acted negligently, i.e., that she failed to take a reasonable level of care to determine whether her published statements were true.
In contrast, the malicious intent test looks for either "reckless disregard" for a statement's veracity, or positive knowledge of its falsity (is that a word?). This is a much stronger test reserved for situations where the victim is a public official, which the appeals court found was not the case here.
In contrast, the malicious intent test looks for either "reckless disregard" for a statement's veracity, or positive knowledge of its falsity (is that a word?). This is a much stronger test reserved for situations where the victim is a public official, which the appeals court found was not the case here.