Sandman could not be construed as a public figure for purposes of defamation. All he did was stand quietly in a public place, where he had every right to be, waiting for his school bus. He did not become a public figure just because the lamestream media decided to pile on and defame him.
Most courts will probably find that Rittenhouse was either a limited use or involuntary public figure, and therefore subject to the Sullivan actual malice standard. Any chance that he would be found not to be a public figure went away when he started giving interviews.
Thanks for clearing this up. I'm no lawyer. I wasn't familiar with the background of legal rulings to determine who meets the "public figure" standard.
Still, I hope he can find a sympathetic judge or jurisdiction that will waive the actual malice standard. Sandman was able to get Kentucky jurisdiction for his case, even though the actual events occurred in Washington DC.