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

A public figure is someone who holds a high position of authority or influence in society. This includes elected officials, celebrities, or people who have achieved renown in their field of expertise. In Colorado, public figures must meet a higher standard of proof when making a claim of defamation. This means that the public figure must demonstrate that the defamatory statement was made with actual malice. That is, the person making the statement must have known the statement was false or they acted in reckless disregard of the truth. The Supreme Court of the United States established this standard in a decision known as the New York Times Co. v. Sullivan case. According to this ruling, a public figure must prove that the false statement was made with “reckless disregard of whether it was false or not.” This heightened burden of proof helps protect freedom of speech since it makes it more difficult for public figures to recover damages for false statements. The higher standard of proof also serves to protect the public’s right to know. It allows for open and free discussion of public figures and allows for the media to report the truth without being subject to costly litigation. Ultimately, the standard prevents public figures from using the law to silence and harass individuals who are criticizing them.

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

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