What is a Public Figure?

I was wondering if anybody had any thoughts about what criteria makes a person a “public figure.” Now, I’m quite aware that *I*… Aimee Weber … enjoy a level of fame and notoriety on par with your local TGIF’s “Employee of the Month.” I try not to let it go to my head. *polishes the 37 pieces of flair on her vest*

However, someday Second Life is going to be in the big leagues of public discourse and it may serve us to get a feeling for what it means to be a public figure ... just in case some among us cross over into that territory.

The Legal Dictionary defines a Public Figure as follows:
http://legal-dictionary.thefreedictionary.com/public+figure


In some cases this definition was put to the test as was the case for playwright Lillian Hellman who was ruled by a state supreme court to NOT be a public figure despite appearing in a national ad campaign. According to the judge:
http://www.nytimes.com/books/00/03/26/specials/mccarthy-hellman.html


A similar precedent was made this year by another state supreme court for television reporter Holly Wayment, also ruled as NOT a public figure.
http://deseretnews.com/dn/view/0,1249,600126754,00.html
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=ut&vol=supopin&invol=wayment041505

So if a nationally advertised playwright and a television reporter are not considered “public figures” (legally speaking) then who IS? I would love to hear your input!

Aimee, we need to talk about your flair.

That's like that movie, Office Space.

Woooooooooo!

The quick answer is that a public figure is anyone who thrusts themselves into the vortex of public opinion. Thus a public figure is a vortex thruster, lol. The determinative test really is just that, did the person avail themselves of the limelight for personal gain? The problem is that there are a lot of gradients to the law, with public figures, limited public figures and private figures. Also when we talk about public figures, we are not really talking about the public figure, we are talking about the constitiutional protections affored under the first amendment to people who speak about the public figure. You can say more about someone who is a public figure because the first amednemnt protects critical speech. In a strict sense the original exception applied to government figures only, but this was expanded in NY time v. Sullivan and in the Gertz case (i forget the citation). The reasoning is that someone who has a lot more access to the media, can more easily defend themselves that a pirvate citizen. Also someone canbe influention with respect to a public controversey without being an elected official (Sean penn Speaking out about the war in Iraq).

Someone who is made famous by by mere circumstance, such as baby jessica was in the 80's is not a public figure despite being famous. Someone who runs for president, on the other hand, seeks to hold public office, and has opened themselves up to the full wieght of public opinion, is.

Celebrities are sort of an interesting mix, because on the one hand they certainly thrust themselves into the public limelight, but on the otherhad thier private lives are not necessarily meant to be public. In general however, most celebrites avail themselves of a public forum to promoit their movies. Hence Tom Cruise would be a public figure (at least regarding his acting career) and JD Salinger would not.

The reporter case is interesting, becaus a certain notoriety comes witht he job. However, the Utah Supreme court, in teh case you cited draws a distinction between being famous for doing your job, and using that faim to accomplish your own ends. If all susan saradon did was act, she would be a limited public figure in connection with her acting, once she uses that fame to spread her political message, she becomes a public figure.

Now someone like Baby Jessica, should she try to capitalize on her notoriety, might well qualify as a public figure.

Alos if you becoem famous enough, so that all your actions are monitored and of interest to society at large, even if you are not an elected official, then you may become a public figure for all purposes passivly (like bill gates, maybe).

Also being a public figure does not require national recognition, you can be a public figure in your local area.


I am not sure there really is anyway to translate this cleanly into second life, because so much of it depends on the circumstances of each case. Also the forums are meant to provide a public form that is availble to all. Which raises the question of if you are a public figure in the forums, are you one in game?

Clearly you, Aimee are a public figure. I think you might even have sufficient notoriety in SL, whether mean to or not, to be a public figure for all purposes. I would say the same thing about Anshe Chung.

Prokofy Neva is a public figure too, and is a classic example of a vortex thruster. Prokofy pushed to the forefront of every controversy to further a definte politcal agenda.
still others, like Munchflower might be limited public figures-known for her work, but not really opening the rest of herself up to public opinion.

I believe you have my stapler...

You know there's a ring tone of that?

Seems like this thread is going to go up in flames.



[edit] Aimee... you know better than to make a pop culture reference in these forums! Now you won't get hardly any serious answers to your question!

Didnt she post this thread already? I swear I read another one just like it today.

Awesome input, Jake. I guess I am still confused by the nitty gritty of "public figure." If I were to discuss this question with people I met at a party and asserted that I am more of a public figure than a television reporter or a playwrite... Well their first reaction would be "who are you?" and second "just who do you THINK you are?"

wwzzhhhhhhwha?

I've thought about this recently, since there's an individual who claims that anyone he considers a "public figure" in Second Life is open for personal attack. What is a "public figure" and are there any public figures in Second Life?

To me, a public figure is someone who knowingly and willfully places themselves in the public eye, like a politician or an actor. It is someone whose principal activity and goal is to be in the spotlight. Hollywood actors seek media attention to promote their carreers, as do politicians. Can a business person be a public figure? I think so, but only if, like Steve Jobs, they use their personal appearances to market themselves in a kind of cult of personality.

On the other hand, I wouldn't consider a small business owner in real life to be a public figure, because they don't market themselves -- they market their product. Example: A piano-maker, or interior decorator, architect, and other artisans and professionals create and sell their product without marketing their "personality".

So in the real world, not every business owner, artisan, and professional is a "public figure".

Can there be any public figures in Second Life? First of all, a privately-run online environment is not "public". It is a members-only service where all residents are simply customers of Linden Lab. There is no citizenship and it's not a public venue. So in terms of the real world, a Second Life account can't be a "public figure".

Within the small pond of Second Life, there are celebrities, and some have sought media attention (like he-who-cannot-be-named), while others simply become well known for having a successfull product and/or business. Setting aside the fact that we're all just customers of a private service, owning a successful business doesn't make you a "public figure", because just like in real life, that component of seeking media attention isn't always present.

Is Aimee a public figure because she owns a successful shop? Am I? No, not in Second Life, not in real life. In neither venue has Aimee sought to place herself personally in the public eye. Her business is PREEN -- selling clothing, not selling Aimees. Similarly, I sell aircraft, not Cubeys. (But if I did, they'd be very shiny.)

Certainly, both Aimee and I, and anyone else on this person's *hit list, have posted often in the forums, but do forum posts make one a public target for accusations, rumours, and speculation? I don't think so, any more than someone who writes a letter to the editor, or participates in the community is a public figure.

So... even if we set aside the fact that Second Life isn't public at all, owning a business -- even a successful one -- doesn't make you a public figure.

The final question is... even if there were "public figures" in Second Life, do they deserve to be openly accused of random (often fictitious) misdeeds and held accountable to the general SL populace? I'd say no, absolutely not, but I'd like to read other opinions too.

(By the way, if you read this far, I'm impressed. )

I could burn down the building.

I think the question is - are SL "celebs", et al LEGALLY considered real world "public figures" because they enjoy some measure of fame in a privately owned virtual setting?

My answer is a firm "no". That is stretching a legal definition 10,000 miles.

All the examples Jake gave were of people in the real world spotlight, and I think it's reasonable to assume that most of the figures he cited were heard of in most American households.

Do my RL neighbors have ANY idea who SL "celebs" are? No, and I would say that goes for 99% of the rest of the real world population.

So using "public figure" stature as an excuse to attack individuals or businesses (which pay real world taxes, and are therefore considered real world businesses), is not a very sound line of reasoning.

Times v. Sullivan and all that is really a poor metric for SL.

I would also point out that public figure status in the real world is not a free pass for the media to say what ever the hell they want about someone. Several celebs have successfully sued tabloids, as one example.

Finally, I would point out, that there is a world of difference between being dragged into the spotlight, and seeking it on one's own, and that replying to negative rhetoric about one's self neither makes them a public figure, nor obsessive.

Agreed.

*breaks out the Michael Bolton cd*

That guy is a no-talent ass-clown.

Outstanding input so far. Let's try to keep this abstract, though. No naming names. This is an issue that will have a HUGE impact on future SLers well after we shuffle off this second mortal coil, so let's make it about THEM, not us

Aimee is an action figure.

Cubey, there might be an argument that you are a public figure, based on the fact that your business is your name (cubeyterra.com, etc.). I know you sell aircraft and related gadgetry, but are you not also selling your name as your brand? If I bought out your business do I get your name? If so, does it have any value without your talent? If not, does that mean promotion of your business is promotion of yourself? By your definition above, doesn't that make you a public figure?

Same applies to anshechung.com/Ansheland.

I'm sure anyone with logic skills could pick that apart, but just some things to think about.

I think we found a litums test !

Then I guess I should go sue a bunch of people on these forums. Certainly I was tempted (and said so) during my first months here when I wasn't even considered an individual, or a paying, playing resident in my own right.

Then I could sue over all the other slanderous (libelous?) things that have been said to me.

Right?

coco

No, no, let's not NAME NAMES.

Let's go ahead and have this whole stupid thread, but let's not say out loud who it is we are AFTER.

coco

If you feel any of the things that have been said to you or about you are libelous (which is a very difficult legal standard to prove), then you certainly could. There is a world of difference between personal attacks, even brutal ones, and flat out libelous false statements about someone. Public figure or not, libel is a difficult thing to prove.

Well keep in mind folks that you can be a public figure for purposes of the first amendment, by being famous in a town of 1200 people. There are nominally 80,000 resident in SL, so trust me, one can be a public figure here.

Its a bizzare circumstance, you cannot be a public figure merely by being famous. There is an unknown threshhold at which you are famous enough to be a passive public figure. Running a successful business does not make you a public figure either, even though many people may know your business and buy your product. Aimee is not a public figure because everyone knows her clothing, she is apssive public figure because LL put on the website 5 times, and her likenss is associated with SL. In addition Aimees has been interviewed in a variety of of publications about SL, and has thus, to my mind attaned the sort of SL notoriety that a public figure would have.

Cubey Terra on the other hand is a very successful business person who many have heard of, but he is not likely a public figure.

Part of the difficulty in SL is that anyone can be relatively famous just by posting on the forums. By posting here you add your input inot the issues of public concern, and thus avail yourself of the public eye. A big part of it is the expecations of the individual too.

An actor has no expectation of privacy when he makes wsa movie. This the normal rule that slandering someone about their ability to perform thier job being slander per se does not apply. I can write "Tom Cruise stinks as an actor" and I am not defaming him. Yet if I take out an ad in a and say "DR. Bob is a quack and a schiester" then I am defaming Dr. Bob. (of course in defamation, truth is always a defense. If Dr. bob is a scheister,then ther is no defamation).

So whan I post in Ask Jake anything, I certainly am a public figure, open for critique and criticism in realtion to ask jake anything. But that does not make me a public figure for something I do in world. However if I use my notoriety from ask jake anything to say, give weight to my opinion on telehubs, thenI am thrusting myself inot the maelstorm of public opinion regarding telehubs for purposes of the telhub issue, at least, then I would be a public figure.