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Butts , U. A professional belly dancer for a matter related to her performance. The actual malice standard extends to statements touching on virtually any aspect of the public official's life. For example, a blogger who is a well-known authority on clinical research involving autism may be considered a public figure for purposes of controversies involving autism, but not for other purposes. Passage of time does not affect an individual who has achieved fame through participation in a controversy as long as the public maintains an "independent" interest in the underlying controversy. Defamation section of this guide for more information. Indeed, in only a handful of cases over the last decades have plaintiffs been successful in establishing the requisite actual malice to prove defamation. Firestone , U.

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A retired general who advocated on national security issues. These limited-purpose public figures are not the Kobe Bryants, who are regarded as all-purpose public figures, but rather the journeymen basketball players of the league. Sarah's principal, therefore, was justified in suspending Sarah and filing the student referral form. For example, while the Supreme Court has not spoken on the status of educators, most states have recognized teachers as a class of public figures. The actual malice standard applies when a defamatory statement concerns three general categories of individuals: Rather, courts have defined "actual malice" in the defamation context as publishing a statement while either knowing that it is false; or acting with reckless disregard for the statement's truth or falsity. Again, courts will look at the context of the statement as well as its substance to determine whether it is opinion or a factual assertion.

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In some instances, the categories may overlap. Statements that are merely offensive are not defamatory e. A nationally-known college football coach accused of fixing a football game. For example, the supervisor of a county recreational ski center was held to be a "public official" for purposes of defamation law. Individuals who are considered to be limited-purpose public figures remain so as long as the public has an "independent" interest in the underlying controversy. Unlike the negligence standard discussed later in this section, the actual malice standard is not measured by what a reasonable person would have published or investigated prior to publication. Keep in mind that each state decides what is required to establish defamation and what defenses are available, so you should review your state's specific law in the State Law:

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At a Washington, D. Trade libel protects property rights, not reputations. Tom Cruise is one; that character actor you recognize instantly but can't quite name is probably not an all-purpose public figure. All-purpose public figures are private individuals who occupy "positions of such persuasive power and influence that they are deemed public figure for all purposes.

Defamation is the general term for a legal claim (E.D. Mo. ), aff'd, F.2d (no liability for letter to the editor unless writer was. One of the world's largest video sites, serving the best videos, funniest movies and clips.

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