Simply someone being accused of a crime isn’t enough to make them a public figure.
A public figure is one who had assumed a role of special prominence in the affairs of a society or thrust themselves into the forefront of particular public controversies. It can also be involuntary if someone has gained fame or notoriety.
So in same cases the media can create a public figure through their reporting and then be covered by the protection of NY Times v. Sullivan.
Gertz v. Welsh, 418 U.S. 323 (1974) and Dameron v. Washington Magazine, Inc., 575 F. Supp. 1575 (D.D.C. 1983) have more information on the public figure doctrine.
“A public figure is one who had assumed a role of special prominence in the affairs of a society or thrust themselves into the forefront of particular public controversies. It can also be involuntary if someone has gained fame or notoriety.”
The monkey wrench in the theory above is the age of the person involved. A minor is a limited “person”, and while there certainly are public figures under 18, I’d say in this case his elevation to a public figure was… “involuntary”.
If the above was not true, why do courts and the media take great pains to hide the identities of “alleged” -or even convicted- lawbreakers under 18?
Biden and any member of Congress can basically say whatever they want no matter how outrageous while in office and the only possible punishment would be censure and/or impeachment. Biden was a private citizen and Rittenhouse was 17 at the times in question here.
I don’t care what court decided it wrongly. It is unjust. Wickard v. Filburn, 317 U.S. 111 (1942) decided that something not for sale and that never crossed state lines is still interstate commerce. Kelo v. City of New London, 545 U.S. 469 (2005) allows government to seize property from one private entity and give it to another call call it “public use.” And on and on.
Bill Clinton is a public figure. His spouse, political career, the college he graduated from, his political views are all well known by the public. He willingly and deliberately became a public figure. Other than his name and the fact that he shot three people, nothing was known about Rittenhouse before the riots in Kenosha. It’s manifestly unjust to raise the bar toward proving defamation just because the news media singled you out.