OFFICE MEMORANDUM 3
Question Presented
Under California defamation law, does a business owner become a limited-purpose public figure for the purpose of a defamation claim when the business owner has contributed to an organization headed by a gubernatorial candidate, published two one-page articles supporting the candidate in a business newsletter and Web site, and anonymously supported the candidate in an Internet chat-room debate?
Brief Answer
No. Under California defamation law, an individual does not become a limited-purpose public figure for the purpose of a defamation claim unless there is a public controversy, the individual has voluntarily attempted to enter the forefront of the controversy to influence its resolution, the defamation is significantly related to the individual's participation in the public controversy, and the individual has sufficient access to media with which to contradict the defamatory statement
Based on similar California cases, even if there is a public controversy, a judge would not likely find that a business owner's contribution to an organization headed by a gubernatorial candidate, publication of two one-page articles supporting the candidate, and anonymous support of the candidate in an Internet chat-room debate is a voluntary attempt to enter the forefront of the controversy in order to influence its resolution. The business owner's company newsletter and Web site are not sufficient media access to contradict a defamatory claim.
Facts
Paul Kanun ("Kanun"), the client, wants to file a defamation claim against California Online ("COL") based on an article published on COL's Web site alleging Kanun's involvement in Scott Wright's ("Wright") gubernatorial campaign.
On May 11, 2007, COL sponso ...