Public figure

Public figure

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 malice (knowledge or reckless disregard for the truth). The burden of proof is higher in the case of a public figure.

U.S. law

The controlling 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, 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.

A person can become an "involuntary public figure" as the result of unwanted publicity. For example, 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.Aaron Larson: [http://www.expertlaw.com/library/personal_injury/defamation.html#3 Defamation, Libel and Slander Law] . Expertlaw.com, August 2003]

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."

References

* [http://www.lectlaw.com/def2/p117.htm Legal definition of public figure] via lectlaw
*Dotinga, Randy (November 9, 2005). [http://www.wired.com/news/politics/0,69511-0.html Are You a 'Public Figure'?] "Wired"

See also

*"New York Times Co. v. Sullivan"
* "Hustler Magazine v. Falwell"

External links

* [http://w2.eff.org/bloggers/lg/faq-defamation.php#7 Who is a public figure?] Bloggers' FAQ - Online Defamation Law, Electronic Frontier Foundation


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Look at other dictionaries:

  • public figure — public fig·ure n: an individual or entity that has acquired fame or notoriety or has participated in a particular public controversy see also limited purpose public figure compare public official ◇ A public figure must prove actual malice in… …   Law dictionary

  • public figure — noun count a well known person, especially a politician …   Usage of the words and phrases in modern English

  • public figure — noun a well known or notable person they studied all the great names in the history of France she is an important figure in modern music • Syn: ↑name, ↑figure • Hypernyms: ↑important person, ↑influential person, ↑ …   Useful english dictionary

  • public figure — Term public figure, for purposes of determining standard to be applied in defamation action, includes artists, athletes, business people, dilettantes, and anyone who is famous or infamous because of who he is or what he has done. Rosanova v.… …   Black's law dictionary

  • public figure — UK / US noun [countable] Word forms public figure : singular public figure plural public figures a well known person, especially a politician …   English dictionary

  • public figure — noun A famous person whose life is the subject of public interest …   Wiktionary

  • public figure — person well known to the public …   English contemporary dictionary

  • ˌpublic ˈfigure — noun [C] a well known person …   Dictionary for writing and speaking English

  • public figure — /pʌblɪk ˈfɪgə/ (say publik figuh) noun a person, as a politician, community leader, etc., who is generally known and usually respected and admired …  

  • limited purpose public figure — n: a person who voluntarily and prominently participates in a public controversy for the purpose of influencing its outcome and who is thus required as a public figure to prove actual malice in a defamation suit – called also limited public… …   Law dictionary

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