What is a public figure and how does it affect a defamation claim?

In Arkansas, a public figure is an individual who is an elected or appointed public official, a person who is widely known in the community, a person who is voluntarily involved in a public controversy, or an individual who has assumed a position in the public eye. In a defamation claim, a public figure is held to a higher standard than an ordinary person since they have been placed in the public spotlight. In order to succeed in a defamation claim against a public figure, the plaintiff must demonstrate that the defendant acted with “actual malice.” This can be shown by proving that the defendant either knew the information was false or acted with reckless disregard as to the truthfulness of the statement. Additionally, the plaintiff must show that the false statement caused some type of harm or injury, either to the reputation or to the financial standing of the individual. Compared to a private person, a public figure is more likely to have their defamation claim dismissed due to the First Amendment right to freedom of speech, and the higher standard placed on them to prove that actual malice was present. In some cases, a public figure may also need to demonstrate that the statement was made with the intent to cause harm or injury. Because the legal standard for a defamation claim is different when dealing with a public figure, it is important to seek legal counsel if a false statement has been made. An experienced attorney in Arkansas can provide specific advice and guidance on how to proceed in such a situation.

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What is a public figure and how does it affect a defamation claim?

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