Central ND News

Austin Knudsen, the Montana Attorney General, said that defamation and emotional distress cases rely on proving malicious intent, which establishes a high legal threshold. Knudsen made this statement during an interview on March 21.

"You have to prove malicious intent," said Knudsen. "Did you know it was a false statement? Did you know it was a lie? That's a very high bar to clear. We're gonna have to rethink our tactics here."

The statement was made in response to a recent jury verdict in North Dakota, where Greenpeace was ordered to pay over $660 million in damages to Energy Transfer for defamation and other claims related to protests against the Dakota Access Pipeline. According to Reuters, the jury found that Greenpeace's actions during the 2016-2017 protests unlawfully disrupted pipeline construction and spread false information about the project.

According to The Free Speech Center, in the United States, defamation cases involving public figures must meet the "actual malice" standard established by the Supreme Court in New York Times Co. v. Sullivan. This requires the plaintiff to prove that the defendant made false statements with knowledge of their falsity or with reckless disregard for the truth, a standard designed to protect free speech under the First Amendment.

Reuters reports that the Dakota Access Pipeline, completed in 2017, transports approximately 40% of the oil produced in North Dakota's Bakken region. The pipeline's construction faced significant opposition due to environmental concerns, leading to widespread protests and subsequent legal actions.

According to his website, Knudsen is a fifth-generation Montanan, husband, and father of three. Raised on a family farm, he earned his law degree from the University of Montana and previously served as Speaker of the House and Roosevelt County Attorney. A strong conservative, he focuses on public safety, constitutional rights, and limiting government overreach.