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Reason
Reason
Politics
Eugene Volokh

Dr. Luke Is a Public Figure for Purposes of His Libel Lawsuit Against Ke$ha

From Judge Garcia's majority opinion in Gottwald v. Sebert, decided today by New York's high court, though all the judges agreed on this point:

By 2014, when Gottwald initiated this defamation action, he was, by his own account, a celebrity—an acclaimed music producer who had achieved enormous success in a high-profile career. As self-described in the complaint, he "has written the most Number One songs of any songwriter ever" and "was named by Billboard as one of the top ten producers of the decade in 2009." Gottwald's engagement with the media was "obviously designed to project his name and personality" before a wide audience to establish his reputation in this field. He purposefully sought media attention for himself, his businesses, and for the artists he represented, including Sebert, to advance those business interests. He had been featured in various publications, as well as on radio and television, highlighting the nature of his relationships with those artists and his development of their talent and careers.

Sebert alleged that, shortly after establishing a professional relationship as her producer, Gottwald sexually assaulted her. Therefore, Gottwald is appropriately considered a limited-purpose public figure, and as a result he must prove that Sebert's allegedly defamatory statements were made with actual malice.

To quote Judge Rivera's dissent, which agrees with the majority on this point,

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