Elected offical vs private citizen, is the standard for libel/slander different ?

Do you remember the great controversy when former Senator Elizabeth Dole ran a campaign ad suggesting her opponent (who was a Sunday School teacher) did not believe in God? She opened herself to a lawsuit for defamation because even though the courts usually do not interfere with political speech, this was way out of line 1) it was completely untrue; and 2) she had an actress state she was the opponent and did not believe in God.
Normally a political candidate and/or elected official can be criticized with no fear of the speaker or writer being sued for defamation. But there is a world of difference writing or blogging "Mayor Smith's plan for the city shopping center is idiotic" and writing or blogging "Mayor Smith frequently cheats on his wife and is unfit to lead our community." The first is a political commentary, the second is possible defamation (especially if the comment is false). In general negative comments can be made, and officials or candidates cannot sue for defamation. However if the statement is false, and is known to be false and is motivated by actual malice, then the suit can be filed (and may even be won). The standard for this is found in the Supreme Court's legal opinion as stated in Sullivan v. The New York Times. In another matter Mrs. Firestone who was the former wife of the tire owner won a lawsuit when her private divorce was made public. The court ruled that her husband was a well known businessman and could anticipate being the subject of news articles or TV news, but that his former wife was entitled to a private life since she had never sought to be a public figure.

Yes a public figure must show actual malice to survive a motion to dismiss a libel lawsuit.

The main case is Sullivan v. New York Times. It established that when a public figure is involved, the libel standard is actual malice about the knowing publication of false information.

Good luck.

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