Also known as: private individual · private persons · private actors
Written by attorneys · grounded in primary & secondary sources — see below
An individual who is neither a public official nor a public figure. Such persons may recover damages for defamation under a fault standard chosen by the state without proving actual malice. They may not recover presumed or punitive damages absent a showing of actual malice.
Perry Pratt, a local accountant with no public role, discovered a newspaper article falsely accusing him of embezzlement. He sued the publisher for defamation. Because Pratt is a private individual, he recovered compensatory damages by showing the publisher acted negligently rather than with actual malice.
Paul Peterson, a private contractor, sued former President Richard Nixon for damages arising from an alleged wrongful termination. The Court held that absolute immunity protected the President from suit by private individuals for official acts.
Select any source to read its text and confirm it supports the definition.
Priscilla Parks, a private ship owner, seized a vessel during wartime and sought condemnation. The Court treated her as standing in the same position as a naval officer, allowing the government to adopt the seizure initiated by a private individual.
Pavel Petrov, a private citizen, sued federal narcotics agents for an unconstitutional search. The Court permitted a damages action directly under the Constitution, treating the agents as private individuals once they exceeded federal authority.
Pearl Porter, owner of a small construction firm, received a false credit report from Dun & Bradstreet that harmed her business. Because the report was not a matter of public concern, presumed damages were available without proof of actual malice.
Phoebe Park, a private citizen, published a newspaper exposing local corruption. State officials sought to enjoin future issues as a public nuisance. The Court held that prior restraint on a private individual's press violated the First Amendment.
A private individual need only prove fault, typically negligence, rather than actual malice. States may set the precise standard provided they do not impose liability without fault.
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No. Private plaintiffs must prove actual malice to recover presumed or punitive damages even though they need not prove it for compensatory damages.
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Private individuals have less access to channels of communication to correct false statements and therefore suffer greater reputational harm when defamed.
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…of such discussions is so vast, and the advantages derived are so great, that they more than counterbalance the inconvenience of private persons whose conduct may be involved, and occasional injury to the reputations of individuals must yield to the public welfare, although at times such injury may be great. The public benefit from…