The Covington Catholic case could turn on "actual malice"

But on this point, there is no unanimity. “Sandmann was a private individual before the recording,” conceded William Youmans, a media-law professor at George Washington University’s School of Media and Public Affairs. “What the Post will argue is that once the video got out and went viral, he became an involuntary public figure at the center of a news story. The Post only picked up on the story because it was getting wide social-media attention. In other cases, unknown individuals became involuntary public figures just for being at the center of viral social-media content. The children of celebrities can also be public figures. If he is deemed an involuntary public figure because of what he did in front of the camera, his case will be harder to win.”…

“If the court rules that Sandmann is a public or limited-purpose public figure, do you think the Post’s actions still meet the legal burden for defamation: reckless disregard?” I asked Wood, Sandmann’s lawyer.

He responded with a simple “Yes.” It’s an important answer, because if Sandmann’s team wants to win any of the $200 million requested in punitive damages (beyond the $50 million in compensatory damages), they will actually have to meet this higher standard—actual malice—regardless of the public-private–figure determination.