Corporate Chaos: The Muddled Jurisprudence of Corporate Public Figures

• In Event: Top Papers in Communication Law and Policy 2017

Abstract

Public figure determinations in libel law are enormously consequential legal decisions. The divide between public and private status for a defamation plaintiff can be – and frequently is – the determinative factor of whether that plaintiff can succeed. Lower court rulings on how corporate plaintiffs fit into this status determination are all over the map. Meanwhile, corporations are taking increasingly active roles in political and social controversies. This paper explores the sprawling and contradictory law of corporate public figures, analyzing and critiquing lower court jurisprudence on this vital issue. The paper also provides a suggested direction for clarifying the state of the law and aligning it more closely with important First Amendment values.

Author

• Matthew D. Bunker, U of Alabama