Not a public figure?
Sleeping with that many people sure seems public to me. LOL
Not only that, but her moving into the spotlight for her cause brought her out as a public figure. She would have stayed private and kept to herself then she could be called a private figure. But testifying on TV and before congress and the world makes her a public figure. And a slut.
Ms. Fluke is likely a “limited-purpose public figure,” since she put herself in the middle of a public debate over a mater of public controversy. This might not fully protect Rush (as Ms. Fluke’s lawyers would argue that his comments about her personal sexual behavior went far beyond her testimony, which concerned other womens’ use of contraceptives for medical purposes other than preventing pregnancy), but it would probably be difficult for Fluke to win a defamation case here.
Of course, if she sued, Rush may be forced to settle - the MSM would spin any defense he presented as “defending his right to call a weak, defenseless student a slut,” and it may ultimately be more costly to Rush (as well as his advertisers, etc.) to fight the lawsuit than it would be to just settle quietly.
Fluke is probably a limited figure under Sullivan. A limited public figure "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved." Gertz v. Robert Welch, Inc., 418 U.S. 323, 345.
Fluke wasn't subpoenaed.
The actual malice standard applicable to a public figure would likely apply.
“Since Ms. Fluke is not a ‘public figure,”
Did she not make herself a public figure by asking to testify in Congress?
Once anyone has testified before a Congressional Committee with that session open to the public, doesn't that event make one a 'public figure' who should be ready for a response from all sides?
She went public at the hearings.
The New York Times never figure out that Occupy and ACORN were hiring protesters for their 'rent a mobs'. Just never figured it out - even when ads were reprinted all over the Internet.
The Democrat-media complex also saw Anita Hill as a poor defenseless waif - even thought she was a law school graduate AND a practicing civil rights attorney - yet those same members of the Democrat-media complex were UNABLE to see that a woman like Paula Jones - who didn't graduate from college - and was a low level state employee - might have been overwhelmed by having the State Police of Arkansas 'escort' her to a hotel room to meed with Clinton.
Evil double standard. Typical of the Democrat-Media Compled.
Anyhow, the 'waif' wasn't require to testify - it wasn't a real hearing - and that makes her a person who held herself out to the public for a performance. Rush would have to hire a First Amendment lawyer, but I'm confident he would win.
The New York Times never figured out Occupy and ACORN were hiring protesters for their 'rent a mobs'. Just never figured it out - even when ads were reprinted all over the Internet.
The Democrat-media complex also saw Anita Hill as a poor defenseless waif - even thought she was a law school graduate AND a practicing civil rights attorney - yet those same members of the Democrat-media complex were UNABLE to see that a woman like Paula Jones - who didn't graduate from college - and was a low level state employee - might have been overwhelmed by having the State Police of Arkansas 'escort' her to a hotel room to meed with Clinton.
Evil double standard. Typical of the Democrat-Media Compled.
Anyhow, the 'waif' wasn't require to testify - it wasn't a real hearing - and that makes her a person who held herself out to the public for a performance. Rush would have to hire a First Amendment lawyer, but I'm confident he would win.