Public figure

From Wikipedia, the free 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 intentionally defamed the person with malice. The burden of proof is higher in the case of a public figure.

[edit] U.S. law

The major precedent 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 a person to public figure status. Typically, they must either be:

a public figure 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.

A person can become an "involuntary public figure" as the result of unwanted publicity. A person accused of a high profile crime may be unable to pursue actions for defamation even after their innocence is established on this basis. A person can also become a "limited public figure" by engaging in actions which generate publicity within a narrow area of interest. For example, jokes about Terry Rakolta, an activist who spearheaded a boycott of the show Married With Children, are fair comments within the confines of her public conduct and are protected because she was a "limited public figure."