Public Figure = “Substantial Public Debate”
Posted by Anthony LaFauce on January 15th, 2008 10:54 AMLast week I wrote a post that sparked on allfacebook that sparked an interest in many of our readers. The post focused on three high school students who created a profile of one of their professors and listed him as a pedophile. I had insinuated that the real reason the students had not received a harsh punishment was because the teacher had made himself a public figure.
My claim was based on the fact that the teacher had posted profile information about himself and a picture on the school’s website. Since the students had used this information to create a fake profile and therefore proving defamation would have been incredibly difficult; because the teacher had entered the public debate through his own accord.
I had received several emails from people informing me that “I was wrong” and “you are an idiot.” While I never claim to be the smartest man alive, I am pretty sure I am not an idiot (my mother tells me so). Most of the complaints came from people who voluntarily created a Facebook profile or comment on blogs regularly. The teachers professional profile is one off from a Facebook profile, but the principle is the same.
The idea behind what makes a public figure in the United States is constantly contested. Everyone agrees celebrities and politicians are instant public figures, and there are involuntary public figures (people involved in crimes, sensational actions or anything that has instant public appeal), but what turns a private citizen to a public figures is still up in the air.
Say I post on twitter all day, I do, and someone takes a tweet of mine and posts it on the internet. The moment that tweet leaves my phone or desktop I no longer have possession of it. I have freely let my opinion and voice enter the public debate and I have very limited rights to ‘take it back’ if someone repost my tweet. The same holds true with photos I post.
It is possible to prove defamation even if I am a public figure, but to be honest I do not have the finical resources or the time to do so. Many of you out there voiced concern wondering if information you put out made you a public figure. According to the law it does, according to good reason it doesn’t, this is the balancing act that our legal system handles every day.
Don’t confuse debate with a conversation or something formal you see on T.V. A debate can be one man’s ranting about anything as long as he puts it in the public light. The question of who is a public figure is growing larger and larger every day. As more and more people post private information about themselves on line, more and more people enter the public light.
I know many of you out there have an opinion on this subject and I would love to hear it. I am certain I will receive hate mail for this post, but I think it is a debate that should take place. Let me know what you think as long as you aren’t afraid of entering a public debate.
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