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1st Amendment/defamation/NY Times v Sullivan and what constitutes a public figure and the public's right to know.
Boston, MA
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Posted about 1 month ago in Constitutional
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A local music school with approximately 150 students is run by someone without any credentials or professional credits. This person has misrepresented himself to the public on his website and in newspaper advertising. He solicits the public through the newspaper, and his students are all under 18 years of age. He was mentioned in a newspaper article as an "Accomplished professional". The editorial board of this newspaper was forced to print a retraction when called on this lapse in due diligence.
There have been around twenty disgruntled parents that have taken their children out of this school, and we are looking at exposing this person for the fraud that we know in fact he is. If the truth is an absolute defense to defamation, can we proceed to out this person. Is he a public figure?
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Or is he some kind of limited public figure? Does the public have the right to know? Do we as a group have the right to peaceful assembly and demonstration on the public sidewalk in front of his school? Is posting a blog with facts considered libel if it negatively affects the continuation of his doing business. This person is a total snake oil salesman that has issued no trespass orders to the opposition leaders of our group of parents when he heard we wanted to peacefully demonstrate. He is saying we are harassing him when all we have is fact. We have offered to meet and debate in a public forum with fairness for all and he simply refuses, as we think doing so would totally expose him. Answers (3)
John M. Kaman
This attorney is licensed in California.
Posted about 1 month ago.
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NY Times v Sullivan has nothing to do with it. If this man is a fraud and you have proof of that (truth is a always a defense to defamation) you can out him. Sullivan says that in order for a public figure to prove defamation he must show untruth and malice. If this guy were a public figure it would be even more difficult for him to sue you.
Jonathan H Levy
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