Could a college student running for student body president be considered a public official and would it be actionable per se as slander if the rival candidate said he has AIDS in a campaign skit?

Answer 1

This is a sticky situation. The student running is wanting to be the face of the students so he could be a public official, in that case there are a few rules about it. Let's pretend for a moment that he would be considered a public official:

The victim would have to prove:

a) Falsity: the statement must be false. (depends on if the candidate has AIDS)

b) Identity: the candidate was identifiable. (which he is)

c) Publication: at least one other person saw it. (which would happen)

d) Fault: the person must have known that the information was false at the time of broadcast or performance, OR was reckless in gathering information and performed wrong information. (once again depends on if the info is false)

e) Actual malice: that the skit was intending harm on the individual (obvious malice)

f) Harm: in defamation suits, the victim must receive some quantifiable harm (money) from the act. (depends on how the outcome unfolds)

In this case, I would see it possible that a defamation via slander could be made.

Now, another problem comes into play. Their is a fair amount of ability for people to parody public figures, otherwise Saturday Night Live would be in some trouble. So that limit would have to be set by the courts, unless they have already done so.

Now let's pretend that because the person is a student and therefore under the jurisdiction of the school/university, and therefore a private citizen.

Because private citizens aren't asking for their lives to be broadcast, they are given extra protection than those that are putting themselves in the public light.

They can file what are called privacy torts:

1) Publication of private facts: if he does have AIDS and counts as a private person, then he has a case.

2) He could also file for a intrusion to seclusion tort: in other words, if the way the opponent found out about the AIDS is by hacking the kids computer, or breaking into his home, etc., then he also has a case.

Another way is 3) False Light: depicting him as something he is not, like using the fact he has AIDS to make him seem gay or deformed could prove a case.

Or he could file 4) appropriation: everyone has a right to his/her name and personality, using his name and the fact that he has AIDS could prove that the opponent running the skit was using the AIDS guy's personality (if you want to call it that) to benefit him without paying him, then he could have a case here. Basically, everyone has a right to make money/power off of his/her name.

Or, the person could fight this and win off something random, who knows with the courts these days.