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Public figure
 
 
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Public figure is a legal
LAW

LAW may refer to:* Anti-tank warfare, e.g. the US Army M72 LAW or the British Army LAW 80*Palestinian Society for the Protection of Human Rights ...
 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 law 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, publicizes him or her in a false light, or app...
. A public figure (such as a politician
Politician

A politician is an individual who is involved in influencing public decision making through the influence of politics or a person who influences the way a society is governed....
, celebrity
Celebrity

A celebrity is a widely-recognized or notable person who commands a high degree of public and media attention. The word stems from the Latin verb "celebrare" but one may not become a celebrity unless public and mass media interest is piqued....
, or business leader) cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with malice
Malice

Malice may refer to:* Malice , a legal term describing the intent to harm* Malice or Jerry Tuite , American professional wrestler* Malice , half of the hip-hop duo Clipse...
 (knowledge or reckless disregard for the truth). The burden of proof
Burden of proof

The burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position . The burden of proof may only be fulfilled by evidence....
 is higher in the case of a public figure.

U.S.






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Public figure is a legal
LAW

LAW may refer to:* Anti-tank warfare, e.g. the US Army M72 LAW or the British Army LAW 80*Palestinian Society for the Protection of Human Rights ...
 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 law 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, publicizes him or her in a false light, or app...
. A public figure (such as a politician
Politician

A politician is an individual who is involved in influencing public decision making through the influence of politics or a person who influences the way a society is governed....
, celebrity
Celebrity

A celebrity is a widely-recognized or notable person who commands a high degree of public and media attention. The word stems from the Latin verb "celebrare" but one may not become a celebrity unless public and mass media interest is piqued....
, or business leader) cannot base a lawsuit on incorrect harmful statements unless there is proof that the writer or publisher acted with malice
Malice

Malice may refer to:* Malice , a legal term describing the intent to harm* Malice or Jerry Tuite , American professional wrestler* Malice , half of the hip-hop duo Clipse...
 (knowledge or reckless disregard for the truth). The burden of proof
Burden of proof

The burden of proof is the obligation to shift the assumed conclusion away from an oppositional opinion to one's own position . The burden of proof may only be fulfilled by evidence....
 is higher in the case of a public figure.

U.S. law


The controlling precedent
Precedent

In common law Legal systems of the world, a precedent or authority is a legal case establishing a principle or rule that a court or other judicial body adopts when deciding subsequent cases with similar issues or facts....
 in the United States
United States

The United States of America is a Federal government constitutional republic comprising U.S. state and a federal district. The country is situated mostly in central North America, where its Contiguous United States and Washington, D.C., the Capital districts and territories, lie between the Pacific Ocean and Atlantic Oceans, Borders of the U...
 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, Case citation , was a Supreme Court of the United States 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 civil rights campaigns in the so...
. It is considered a key decision in supporting the First Amendment and freedom of the press
Freedom of the press

Freedom of the press consists ofconstitutional or Statute protections pertaining to the Mass media and published materials.With respect to governmental information, any government distinguishes which materials are public or protected from disclosure to the public based on classified information as sensitive, classified or secret and being...
.

A fairly high threshold of public activity is necessary to elevate a person 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

  • Curtis Publishing Co. v. Butts
    Curtis Publishing Co. v. Butts

    Curtis Publishing Co. v. Butts, Case citation , was a case in which the Supreme Court of the United States established the standard of First Amendment to the United States Constitution protection against defamation claims brought by private individuals....
     (1967)
  • Hustler Magazine v. Falwell
    Hustler Magazine v. Falwell

    In Hustler Magazine, Inc. v. Falwell, Case citation , the Supreme Court of the United States held, in a unanimous 8-0 decision , that the First Amendment to the United States Constitution free-speech guarantee prohibits awarding damages to public figures to compensate for emotional distress intentionally inflicted upon them....
     (1988)


External links

  • Bloggers' FAQ - Online Defamation Law, Electronic Frontier Foundation
    Electronic Frontier Foundation

    The Electronic Frontier Foundation is an international non-profit organization advocacy and legal organization based in the United States with the stated purpose of being dedicated to preserving the right to freedom of speech, such as protected by the First Amendment to the United States Constitution, in the context of today's digital age ....
  • via lectlaw
  • Dotinga, Randy (November 9, 2005). Wired