J 350F Lecture Notes - Lecture 9: John Birch Society, Usa Today, John Paul Stevens
Document Summary
Determination of public person / private person critical. Plainti "s characterization as public person or private party changes the standard of care. Public o cial / public igure must prove actual malice you knew statement was false or probably false focus is on your state of mind. Private person must show negligence you failed to act with reasonable care. Not all public employees, but those governmental employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of government a airs. Police o cers, principles, college deans, high-ranking military o cers, prosecutors and aides to elected o cials. Defamatory statement supposed to refer to there o cial conduct, but most anything can be related to itness for o ce. 1967 supreme court says first amendment restrictions on libel also extend to speech about public igures.
