- Joined
- Jul 10, 2017
Even a really good affirmative defense isn't going to knock out a prima facie case. Whether or not Vic is a public figure is essentially a factual issue that must be resolved by a jury.
As to that factual issue, the judge is certainly going to remember that he actually thought Ty was Vic the first time he met him. I would be amazed if anyone on the jury has any idea who he is or will buy an argument that a fan project is enough to make someone a public figure you can lie about with impunity.
I’m not sure even “limited public figure” would apply to Vic? Is there a Judicial Test for Public Figure in Texas?