Excerpt: Libel and Slander
In all civil actions for slander and libel the falsity of the injurious statements is an essential element, so that the defendant is always entitled to justify his statements by their truth; but when the statements are in themselves defamatory, their falsity is presumed, and the burden of proving their truth is laid upon the defendant.
http://56.1911encyclopedia.org/L/LI/LIB ... LANDER.htm