Legal Handbook for Council Members 2022

DATE:

August 11, 2022

TO:

Mayor and City Council

FROM:

Charles D. Watts, Jr., City Attorney

SUBJECT:

Defamation Suits by Public Officials

The United States Supreme Court has balanced the interest that public officials have in preserving their reputation against the public's interest in freedom of expression in the arena of political discourse. The First Amendment to the United States Constitution protects open and robust debate on public issues. Public officials have voluntarily assumed a position in the public eye and must therefore endure sometimes unpleasant criticism and attacks. In order for a public official to recover damages for a defamatory statement he or she must prove: · the defendant by writing, printing or speaking made a defamatory statement about the public official; · the defendant published the defamatory statement; · at the time of publication the defendant knew the statement was false or published the statement in reckless disregard of whether the statement was false; and · the publication of the defamatory statement caused the public official's reputation to be damaged. CDW/jgs