First Amendment

Appeals Court Says Scientist is Public Figure, Dismisses Anthrax Libel Suit

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A federal appeals court has ruled that scientist Steven Hatfill is a public figure and his libel suit against the New York Times for identifying him as an anthrax suspect must be dismissed.

The Richmond, Va.-based 4th U.S. Circuit Court of Appeals ruled yesterday that Hatfill could not show actual malice by the Times when columnist Nicholas Kristof identified him as the focus of investigations into anthrax mailings that killed five people, the New York Times reports.

The opinion said Hatfill had thrust himself into the debate when he sought the limelight as a government scientist, the New York Sun reports. “Throughout his career, Dr. Hatfill was not only repeatedly sought out as an expert on bioterrorism, but was also a vocal critic of the government’s unpreparedness for a bioterrorist attack, as evidenced by the topics of his lectures, writings, participation on panels and interviews,” the court said in its opinion (PDF). “He cannot remove himself now to assume a favorable litigation posture.”

Hatfill won a $5.8 million settlement last month with the Department of Justice for identifying him as a person of interest in the attacks. The crime remains unsolved.

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