Q: Opposing counsel claims that I am a public figure. There has not been discovery .
I have filed many objections and the objections are ignored. The opposing attorney has pushed this false assertion of me being a public figure, all the way up through the appellate courts. Therefore this entire case is being handled as if I'm a public figure, when I am not a public figure. He uses case law as his authority for why public figures do not have the same protection as a private citizen. He continues to claim that the Oregon law does not protect public figures from being held responsible for their speech.
A: An Oregon attorney could advise best, but your post remains open for two weeks. You did not ask a question, but from your post it looks like you brought a defamation action against someone for something they said about you. I think that your adversary is arguing that you are a public figure in protecting themselves from your defamation claim. The reason that you are being characterized as a public figure is that it is more difficult for public figures to succeed in a defamation claim. You must check this element of law with an Oregon attorney as to the operation of state law, but AS A GENERAL MATTER, the alleged victim needs to show that a wrongdoer acted in a manner where she or he knew the statements they made were false, or they had a reckless disregard for whether or not they were true or false. This is textbook treatise; in real life, this can be a difficult issue to establish if the matter does not involve a public official, celebrity, or someone along those lines where the issue is apparent. You may want to consider consulting with an Oregon attorney who handles these types of cases. Good luck
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