Also known as: public persons · public figure · public official
Written by attorneys · grounded in primary & secondary sources — see below
A public official or public figure who must prove actual malice to recover damages for defamation concerning official conduct or fitness for office.
Select any source to read its text and confirm it supports the definition.
Lawyer Paula Pierce contributed to the campaign of a sitting judge who later awarded her firm a lucrative contract with the state agency. The contribution was made to secure the engagement rather than from general political support. The arrangement raises questions about whether the selection rested on merit.
Reporter Priya Prasad published an article accusing County Commissioner Pierce Patterson of accepting bribes in his official role. The statements were false. Patterson must prove actual malice to recover damages.
A magazine deliberately changed quotes from well-known governor Phoebe Park to suggest she endorsed a policy she had never supported. The changes materially altered the meaning. Park can establish actual malice from the alteration alone.
A newspaper reported false details about Priscilla Parks's personal finances unrelated to her role as mayor. Because the matter was purely private, Parks need only prove negligence to recover.
A tabloid published a false story about Preston Pratt's family life. Pratt, a well-known public figure, sued for false light. He must show actual malice to prevail.
The state environmental agency brought an action to abate a public nuisance affecting multiple counties. The agency acted through its designated public official with statutory authority to represent the state.
A public person must prove actual malice by clear and convincing evidence. Actual malice exists when the defendant knew the statement was false or acted with reckless disregard for its truth.
Yes, if the alteration results in a material change in meaning conveyed by the statement. Trivial changes alone will not suffice.
A public person faces only a negligence standard when the defamatory statement concerns a purely private matter unrelated to the person's public role or fitness for office.
…which the constitutional protections for speech and press limit a State's power to award damages in a libel action brought by a public official against critics of his official conduct. Respondent L. B. Sullivan is one of the three elected Commissioners of the City of Montgomery, Alabama. He testified that he was "Commissioner of…