how is this public figure thing relevant when facebook is a public figure itself ? Isn't it actively damaging the journalist's reputation. So it would be OK if e.g. CNN claimed that "scientists say that iphones cause heart attacks"
You’re not wrong that there could be a damage done to the public figure/journalist's reputation. There could. But on the basis of New York Times vs Sullivan (a landmark Supreme Court decision and one of the most important first amendment cases), that doesn’t outweigh the free speech rights of the press. Moreover, the public figures by their nature, have more access and ability to respond to a defamatory claim, because they gave their own platform and reach. That’s why the standards of actual malice and reckless disregard are so high.
This is from a website with a very good definition of libel law (https://www.freedomforuminstitute.org/first-amendment-center...):
> The different standards exist because public figures are at the center of matters of public concern–matters that the press should report on as part of its “watchdog” role on the government. If journalists could be punished for every error published about a public figure, they might avoid reporting on controversial subjects that concern the public. The public would lose access to crucial information. > > Also, public figures generally have greater access to the media in order to counter defamatory statements, and to a certain extent seek out public acclaim and assume the risks of fame.
Host of a nationwide broadcast? 100% a public person and not even close. It's a dumb lawsuit and a good lawyer would have told Stossel as much.
> it held that if a plaintiff in a defamation lawsuit is a public official or person running for public office, not only must he or she prove the normal elements of defamation—publication of a false defamatory statement to a third party—he or she must also prove that the statement was made with "actual malice",
But as i understand it is now being applied to celebrities as well
TBH i only know stossel from his twitter and videos that i see in libertarian channels (i m not in the US). Didn't know he was so famous in the US. I wonder whether that (international audience) counts for defining what is "public official"