Whether a private individual who becomes the subject of defamatory online publications may be designated a 'limited-purpose public figure' based solely on those publications and thus require proof of actual malice

This Court has determined in Time, Inc. v. Firestone, 424 U.S. 448 (1976), rejected the argument that a person becomes a public figure merely because they are involved in matters of public concern. Similarly, in Wolston v. Reader ’s Digest Ass ’n, 443 U.S. 157 (1979), this Court ruled that public interest in an individual's activities does not convert them into a public figure. This case epitomizes self-proclaimed media defendants resorting to vindictive measures using their social media and cyber followers after the Petitioner did not settle a civil suit for defamation in the Massachusetts Courts. It is clear from the record that respondents intended to prejudice the community and any prospective jury should the case proceed to trial while ruining the Petitioner ’s life. The respondents made that abundantly clear. As Justice Thomas articulated, “...comes at a heavy cost, allowing media organizations and interest groups ‘to cast false aspersions on public figures with near impunity. ’” This case proceeded through the normal course of trial court proceedings, ultimately resulting in dismissal in favor of respondents. The Petitioner appealed, which was denied. The Massachusetts Appeals Court ruled the Petitioner was a public figure despite his public status emerging only after defamatory statements were made. Ill 1. Whether a private individual who becomes the subject of defamatory online publications may be designated a “limited-purpose public figure ” based solely on those publications and thus require proof of actual malice. Petitioner ’s public visibility arose only after the publication of the defamatory statements. 2. Whether summary judgment is proper when the record contains direct and circumstantial evidence that a publisher knowingly disseminated false statements or acted with reckless disregard for the truth. LIST OF ALL PARTIES All parties appear in the case caption on the cover page. RELATED CASES Anthony Michael Branch v. Turtleboy Digital Marketing & others, Plymouth County, No. 1983CV00920 (Case filed August 23, 2019). Anthony Michael Branch v. Aidan T. Kearney & others, Massachusetts Appeals Court, No. 23-P-414 (Lower court judgment affirmed, July 24, 2024). Anthony Michael Branch v. Aidan T. Kearney & others, Massachusetts Supreme Judicial Court, No. FAR-29928 (Further appellate review denied, November 14, 2024).