Public figure
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A public figure is a person who has achieved notoriety, prominence or fame within a society, whether through achievement, luck, action, or in some cases through no purposeful action of their own, In the context of defamation actions (libel and slander) as well as
invasion of privacy The right to privacy is an element of various legal traditions that intends to restrain governmental and private actions that threaten the privacy of individuals. Over 150 national constitutions mention the right to privacy. On 10 December 194 ...
, a public figure cannot succeed in a lawsuit on incorrect harmful statements in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
unless there is proof that the writer or publisher acted with actual malice by knowing the falsity or by reckless disregard for the truth. The legal burden of proof in defamation actions is thus higher in the case of a public figure than in the case of an ordinary person. Libel laws vary considerably on this matter from jurisdiction to jurisdiction. Even within a cultural grouping, the libel laws of the UK are quite different from those in the US, for example.


United States

The controlling
precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...
in the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
was set in 1964 by the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
in '' New York Times Co. v. Sullivan'', which is considered a key decision in supporting the
First Amendment First or 1st is the ordinal form of the number one (#1). First or 1st may also refer to: *World record, specifically the first instance of a particular achievement Arts and media Music * 1$T, American rapper, singer-songwriter, DJ, and reco ...
and freedom of the press. A fairly high threshold of public activity is necessary to elevate people to a public figure status. Typically, they must either be: * a public figure, a public official or any other person pervasively involved in public affairs, or * a limited purpose public figure, 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:Aaron Larson
Defamation, Libel and Slander Law
Expertlaw.com, August 2003
Discussion of a person on the Internet may at times rise to the level that it causes the subject of discussion to be treated as an involuntary public figure. Corporations are not automatically treated as public figures, and defamation claims made by corporations are evaluated under the same standard as those made by individuals.


See also

* '' Gertz v. Robert Welch, Inc.'' (1974) * '' Curtis Publishing Co. v. Butts'' (1967) * '' Hustler Magazine v. Falwell'' (1988)


Further reading

* Adams, Kate M.
(Re)defining Public Officials and Public Figures: A Washington State Primer
"
Archive
''
Seattle University Law Review The ''Seattle University Law Review'' is the flagship law review journal of the Seattle University School of Law. The journal publishes quarterly and it is currently in its 45th volume. It was originally established as the ''University of Puget S ...
''. Seattle University
School of Law A law school (also known as a law centre or college of law) is an institution specializing in legal education, usually involved as part of a process for becoming a lawyer within a given jurisdiction. Law degrees Argentina In Argentina, l ...
. Vol 23:1155-2000. p. 1155-1187.


References

{{DEFAULTSORT:Public Figure American legal terminology Public sphere