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Can an elected official sue someone for libel and/or slander if that someone makes a totally false allegation against him/her?

An opponent placed one of his political signs on private property in the shopping center where I have my small business. As a condition of my lease I am required to remove any signs that are not specifically allowed by the property manager or owner. This person waited in hiding with a camera to photograph me as I removed the sign and then filed CRIMINAL charges for "theft of movable property" with the local police. However, within a day he had a flyer being circulated with pictures of the sign being removed and a caption that read "..and witnessed by a Berkeley Township officer" which was a complete fabrication, but gave the claim even more credence because of the police witnessing the "crime" comment. I have sued the individual for defamation of character, but his attorney says I can't prevail because I'm an elected official. Since when did elected officials lose their rights to sue for defamation simply because of their elected status, and should I continue in my efforts to right the wrong done to me and my family's reputation?

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Attorney answers (1)

Reputation Level 20
A public official can only prevail on this type of claim if the statement is made or the words are published despite knowing them to be false or with reckless disregard for the truth (malice). That is a very difficult level of proof in a case. It is an extremely high burden of proof on the plaintiff - as a public official - to establish.

This standard comes from a famous 1964 decision by our Supreme Court called New York Times Co. v. Sullivan. Our Supreme Court announced the actual malice standard which has to be met before reports about public officials or public figures can be considered to be defamation.

Check with a lawyer in your locale to discuss more of the details.

Good luck to you.

God bless.

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