Rosenblatt v. Baer
United States Supreme Court
383 U.S. 75 (1966)
Baer (plaintiff), the government supervisor of a county ski-resort recreation area, sued newspaper columnist Rosenblatt (defendant) for defamatory statements about his fiscal management. Rosenblatt lost at trial and was appealing when the Supreme Court decided N.Y. Times v. Sullivan, holding that statements about a public official's conduct are protected unless made with actual malice. The New Hampshire Supreme Court affirmed the judgment against Rosenblatt anyway, and the U.S. Supreme Court granted certiorari to decide whether Baer counted as a "public official" under Sullivan.
Whether a "public official" under N.Y. Times v. Sullivan is an employee who has, or appears to the public to have, substantial responsibility for or control over the conduct of government affairs.