Do You Know What A Public Figure Is? I Mean Really, Do Ya?
- Details
- Category: Politics
- Published: Sunday, 12 October 2014 23:55
- Written by Attorney taleph Haynes Davis, Esq.
by Attorney taleph Haynes Davis, Esq.
In this season of politics and political races and political pundits and political candidates and political advisors and political opinions in the game of politics where, arguably, there are no boundaries when it comes to the issue of political speech and criticism, I felt compelled to offer the following:
1. When it comes to politics, as a public figure, you are never off the record. Period.
2. When it comes to politics, as a public figure, you had better get to know "intimately" the United States Supreme Court case of New York Times v. Sullivan.
3. Although New York Times v. Sullivan speaks to the context of defamation actions (libel and
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slander) as well as invasion of privacy when it comes to politicians, it sets forth the standards as to what determines what a "public figure" is.
Apparently, lately, politicians from all areas of the country, and locally, and those "others" who "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved" seem to not be aware of these standards and, again apparently, choose to ignore them and the constitutional applications of those standards.
Again, this entry today on this web page and beginning the comments on this thread, is to put forth information that anyone who reads this entry, can research for themselves. And as a result, I submit to you all, I believe will add value to your campaign and add value to information that may be needed for those of you who act as political pundits and political opinion makers.
Lastly, those who love politics and are passionate about politics I hope will find this entry informative.
The controlling precedent in the United States as to what defines a
"public figure" was set forth 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.
However, this is the main idea and import of this entry today; and that is that a fairly high threshold of public activity is necessary to elevate people to public figure status. Typically, they must either be:
1. A public figure, either a public official or any other person pervasively involved in public affairs, or;
2. 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.
3. 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.
4. A person can also become a "limited public figure" by engaging in actions which generate publicity within a narrow area of interest.
Indeed, the quoted phrases used in this entry are taken directly from New York Times Co. v. Sullivan.
So why did taleph Haynes Davis, Esq. write this entry today? Well because I wanted to and I thought that it was needed given the passionate debates going on and those passionate debates and political articles and broadcasts and so forth published in the local press and nationally about candidates, pundits, and opinion makers and political insiders. So There.
Attorney taleph Haynes Davis is a well respected Orlando trial attorney who has appeared on several national news outlets as an analyst for high interest court room cases. Davis is also an award winning broadcaster, on air personality, program director, political talk show host, and operations manager at radio stations in a number of and is the younger brother of the late trumpeter Miles Davis.
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