You don’t lose the right, as an individual, to file lawsuits just because you’re working for the government. That’s not using the government’s authority; it’s something that’s available to any individual. Musk can sue without running into First Amendment restrictions on government action.
However, he might have a harder time winning such a lawsuit insofar as he might be more of a public figure due to serving in the government. The bar for defamation is higher for public figures in the US.
A series of court rulings led by New York Times Co. v. Sullivan, 376 U.S. 254 (1964) established that for a public official (or other legitimate public figure) to win a libel case in an American court, the statement must have been published knowing it to be false or with reckless disregard to its truth (i.e. actual malice).
Gertz v Welsh: He probably is an individual who has “…assumed roles of especial prominence in the affairs of society. Some occupy positions of such persuasive power and influence that they are deemed public figures for all purposes. More commonly, those classed as public figures have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved. In either event, they invite attention and comment.”
Not gonna check if that’s still good law. Westlaw, you are dead to me.
You don’t lose the right, as an individual, to file lawsuits just because you’re working for the government. That’s not using the government’s authority; it’s something that’s available to any individual. Musk can sue without running into First Amendment restrictions on government action.
However, he might have a harder time winning such a lawsuit insofar as he might be more of a public figure due to serving in the government. The bar for defamation is higher for public figures in the US.
https://en.wikipedia.org/wiki/Defamation
Hard to argue he’s not a public figure already.
Gertz v Welsh: He probably is an individual who has “…assumed roles of especial prominence in the affairs of society. Some occupy positions of such persuasive power and influence that they are deemed public figures for all purposes. More commonly, those classed as public figures have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved. In either event, they invite attention and comment.”
Not gonna check if that’s still good law. Westlaw, you are dead to me.