Definitions

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.

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."

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