In United States law, public figure is a 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 sample on incorrect harmful statements unless there is proof that the writer or publisher acted with actual malice (knowledge of falsity or reckless disregard for the truth). The burden of proof in defamation actions is higher in the case of a public figure.
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 people 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:
A person can become an "involuntary public figure" as the result of publicity, even though that person did not want or invite the public attention. For example, people accused of high profile crimes may be unable to pursue actions for defamation even after their innocence is established...A person can also become a "limited public figure" by engaging in actions which generate publicity within a narrow area of interest. For example, ... Terry Rakolta were fair comments... within the confines of her public conduct protected by Ms. Rakolta's status as a "limited public figure".
Famous quotes containing the words public figure, public and/or figure:
“There is a cannibalism that’s loose in our society in which public figures such as the Clintons could try to come into this town and do something good for this country and then they get hammered away even though they’re trying to do the right thing.”
—David R. Gergen (b. 1942)
“They had their fortunes to make, everything to gain and nothing to lose. They were schooled in and anxious for debates; forcible in argument; reckless and brilliant. For them it was but a short and natural step from swaying juries in courtroom battles over the ownership of land to swaying constituents in contests for office. For the lawyer, oratory was the escalator that could lift a political candidate to higher ground.”
—Federal Writers’ Project Of The Wor, U.S. public relief program (1935-1943)
“Mining today is an affair of mathematics, of finance, of the latest in engineering skill. Cautious men behind polished desks in San Francisco figure out in advance the amount of metal to a cubic yard, the number of yards washed a day, the cost of each operation. They have no need of grubstakes.”
—Merle Colby, U.S. public relief program (1935-1943)