Tri-Corp Housing, Inc. v. Robert Bauman
SocialSecurity FirstAmendment DueProcess Privacy
When is a claimant an 'involuntary public figure' within the meaning of Gertz v. Robert Welch, Inc., and must the question of whether a party claiming defamation is a 'limited purpose public figure' be raised by the defense and decided by the court before the case is sent to the jury?
(1) When is a claimant an “invol untary public figure” within the meaning set forth in Gertz v. Robert Welch, Inc., 418 U.S. 323, 94 S. Ct. 2997, 41 L. Ed. 2d 789 (1974), thereby requiring proof of actual malice in an action for defamation? (2) In a jury trial, must the question of whether a party claiming defamation is a “limited purpose public figure” be raised by the defense and decided by the court before the case is sent to the jury?