Unfair and Deceptive Acts and Practices: 11.9.2.4 First Amendment and Other Issues in Defamation Claims by Dealers
News media perform an important public service when they publicize information about consumer fraud. When a dealer who is the subject of such a report sues for defamation, First Amendment issues may arise. The United States Supreme Court has held that a libel plaintiff who is a public figure must show that a news media defendant acted with actual malice.1433 Even persons who are not public figures may have to show actual malice if they voluntarily thrust themselves into the vortex of a public issue.