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The Velveteen Ocelot

(115,683 posts)
11. I agree - Fluke isn't a public figure. She is merely a citizen
Fri Mar 2, 2012, 07:11 PM
Mar 2012

who exercised her right to speak out about an important national issue. That doesn't make her a public figure per N.Y.T. v. Sullivan.

On reflection - one could argue that she is a "limited purpose" public figure because she voluntarily got involved in the controversy by testifying before Congress. But that doesn't mean she loses; it means only that she would have to establish "actual malice" (a knowing false statement or reckless disregard for the truth as opposed to mere negligence). Actual malice is Limbaugh's trademark.

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