Public Person Status Recent Case Law Examples Public Official 1. The Individual must be on a government payroll. 2. The person must hold a position that invites public scrutiny. Power to make policy decisions Power to spend public funds Operates without direct supervision and actions directly affect public. For example: --All elected officials or candidates for elected office. (when story pertains to performance in or ability to hold office). --Police Officers (when story pertains to official actions). --Public School Teachers (when story pertains to performance or qualifications). All Purpose Public Figure Instant national recognition and constant media exposure. "Under rare circumstances a private citizen may become an all-purpose public figure. " "Some [persons] occupy positions of such pervasive power and influence that they are deemed public figures for all purposes." Limited Public Figure "[Limited] public figures have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved...they invite attention and comment. A public controversy must exist before the publication of the defamatory material. The plaintiff must voluntarily enter the controversy for the purpose of resolving the public issue. The Plaintiff must assume a significant role in the efforts to resolve the controversy. GERTZ V WELCH (1974) A private citizen plaintiff who has "thrust himself into the vortex" of an existing public controversy must prove actual malice in a libel suit against a mass media defendant. The plaintiff becomes a limited public figure. In Oregon, the Gertz standard must met for a private person or a corporate entity to become a limited public figure. The involuntary limited public figure category is not recognized! Wheeler v. Green , (OR. 1979) "One does not become a public figure simply because of a general public interest in one's lifestyle and personal activities or because one's job happens to be one in which widespread publicity is given to outstanding performance." Bank of Oregon v. Independent News 298 Ore. 434, 693 P.2d 35, 11 Media L. Rep. 1313 (OR. 1985) A public controversy must exist prior to the publication of the story leading to the filing of a libel suit. "Merely opening one's doors to the public, offering stock for sale, advertising about general matters of public interest, even if considered a thrusting of one's self into matters of public interest, is not sufficient to establish a corporation is a public figure."

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School of Journalism and Communication