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.
According to attorney Aaron Larson,
[Aaron Larson: . Expertlaw.com, August 2003] See also
