Glenn Beck |
In a ruling Tuesday, U.S. District Court Judge Patti Saris said the suit brought by Abdulrahman Alharbi could go forward notwithstanding claims by Beck, his website The Blaze.com, and firms connected to his radio show that the Saudi's role in events near the finish line of the marathon made him a public figure. If deemed a public figure, Alharbi would have found it difficult or impossible to proceed with the suit since he would need proof of actual malice: namely, that Beck intentionally lied or recklessly disregarded the truth.
Alharbi was briefly investigated in connection with the bombing and a variety of media outlets reported on that inquiry. But Saris said that was not sufficient to render the student, who also incurred minor injuries at the finish line, a public figure.
"Choosing to attend a sporting event as one of thousands of spectators is not the kind of conduct that a reasonable person would expect to result in publicity. Quite to the contrary, a spectator at an event like the Boston Marathon would reasonably expect to disappear into the throngs of others, never attracting notice by the press. Because he did not 'assume the risk of publicity,' Alharbi does not meet the definition of an involuntary public figure," the judge wrote.
Saris went on to note that Beck continued to level allegations at the Saudi student for several weeks after authorities made clear Alharbi was no longer under investigation.
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