This week, the Ninth Circuit addresses the First Amendment “limited-purpose public figure” doctrine in the context of a charitable organization’s fundraising activities.

The Court holds that charitable organizations that engage in public fundraising activities must prove “actual malice” when pursuing defamation claims related to their use of funds.

Panel: Judges S. R. Thomas, Gould, and Bea, with Judge S. R. Thomas writing the opinion.

Key Highlight: “By actively seeking attention from the press, promoting themselves through social media, employing public relations staff, and soliciting donations and grants, Planet Aid and Thomsen assumed a risk of public scrutiny. By regularly providing statements to the press, Planet Aid and Thomsen both demonstrate a greater access to channels of effective communication than private individuals, and therefore an ability to counteract false statements through self-help.”

Background: Plaintiff Planet Aid is a charitable organization dedicated to ameliorating poverty worldwide. It publicizes itself through press releases, social media, and a variety of other outlets. It had previously been the subject of news reports about its possible connection to a Danish cult and its ties to an entity accused of fraud. Planet Aid was also affiliated with DAPP Malawi, an organization that had itself been linked to these controversies.

The Center for Investigative Reporting (the “Reporters”) published a series of articles on Planet Aid and DAPP Malawi’...

Read Full Story: https://www.jdsupra.com/legalnews/this-week-at-the-ninth-danish-cults-and-170...