Public figure
Encyclopedia
Public figure is a legal
term applied in the context of defamation actions (libel and slander) as well as invasion of privacy
. A public figure (such as a politician
, celebrity
, or business leader) cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with actual malice
(knowledge of falsity or reckless disregard for the truth ). The burden of proof in defamation actions is higher in the case of a public figure.
in the United States
was set in 1964 by the United States Supreme Court in New York Times Co. v. Sullivan
. It is considered a key decision in supporting the First Amendment
and freedom of the press
.
A fairly high threshold of public activity is necessary to elevate people to public figure status. Typically, they must either be:
According to attorney Aaron Larson,
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
term applied in the context of defamation actions (libel and slander) as well as invasion of privacy
Invasion of privacy
United States privacy law embodies several different legal concepts. One is the invasion of privacy, a tort based in common law allowing an aggrieved party to bring a lawsuit against an individual who unlawfully intrudes into his or her private affairs, discloses his or her private information,...
. A public figure (such as a politician
Politician
A politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
, celebrity
Celebrity
A celebrity, also referred to as a celeb in popular culture, is a person who has a prominent profile and commands a great degree of public fascination and influence in day-to-day media...
, or business leader) cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with actual malice
Actual malice
Actual malice in United States law is a condition required to establish libel against public officials or public figures and is defined as "knowledge that the information was false" or that it was published "with reckless disregard of whether it was false or not." Reckless disregard does not...
(knowledge of falsity or reckless disregard for the truth ). The burden of proof in defamation actions is higher in the case of a public figure.
U.S. law
The controlling precedentPrecedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
was set in 1964 by the United States Supreme Court in New York Times Co. v. Sullivan
New York Times Co. v. Sullivan
New York Times Co. v. Sullivan, 376 U.S. 254 , was a United States Supreme Court case which established the actual malice standard which has to be met before press reports about public officials or public figures can be considered to be defamation and libel; and hence allowed free reporting of the...
. It is considered a key decision in supporting the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
and freedom of the press
Freedom of the press
Freedom of the press or freedom of the media is the freedom of communication and expression through vehicles including various electronic media and published materials...
.
A fairly high threshold of public activity is necessary to elevate people to public figure status. Typically, they must either be:
- a public figure, either a public official or any other person pervasively involved in public affairs, or
- a limited purpose public figure, meaning those who have "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved." A "particularized determination" is required to decide whether a person is a limited purpose public figure, which can be variously interpreted.
According to attorney Aaron Larson,
See also
- Gertz v. Robert Welch, Inc.Gertz v. Robert Welch, Inc.Gertz v. Robert Welch, Inc., 418 U.S. 323 , was a case in which the Supreme Court of the United States established the standard of First Amendment protection against defamation claims brought by private individuals...
(1974) - Curtis Publishing Co. v. ButtsCurtis Publishing Co. v. ButtsCurtis Publishing Co. v. Butts, 388 U.S. 130 , was a case in which the Supreme Court of the United States established the standard of First Amendment protection against defamation claims brought by private individuals....
(1967) - Hustler Magazine v. FalwellHustler Magazine v. FalwellIn Hustler Magazine, Inc. v. Falwell, 485 U.S. 46 , the United States Supreme Court held, in a unanimous 8–0 decision , that the First Amendment's free-speech guarantee prohibits awarding damages to public figures to compensate for emotional distress intentionally inflicted upon them.Thus,...
(1988)
External links
- Who is a public figure? Bloggers' FAQ - Online Defamation Law, Electronic Frontier FoundationElectronic Frontier FoundationThe Electronic Frontier Foundation is an international non-profit digital rights advocacy and legal organization based in the United States...
- Legal definition of public figure via lectlaw
- Dotinga, Randy (November 9, 2005). Are You a 'Public Figure'? Wired