This week, the Ninth Circuit addresses the First Amendment
"limited-purpose public figure" doctrine in the context
of a charitable organization's fundraising activities.
The Court holds that charitable organizations that engage in
public fundraising activities must prove "actual malice"
when pursuing defamation claims related to their use of funds.
Panel: Judges S. R. Thomas, Gould, and Bea,
with Judge S. R. Thomas writing the opinion.
Key Highlight: "By actively seeking
attention from the press, promoting themselves through social
media, employing public relations staff, and soliciting donations
and grants, Planet Aid and Thomsen assumed a risk of public
scrutiny. By regularly providing statements to the press, Planet
Aid and Thomsen both demonstrate a greater access to channels of
effective communication than private individuals, and therefore an
ability to counteract false statements through self-help."
