Id. See Basarich v. Rodeghero, 321 N.E.2d 739, 742 (Ill. App. Ct. 1974) (high school "athletic coaches" were public officials); Milkovich v. News-Herald, 473 N.E.2d 1191, 1196 (Ohio 1984) (high school head wrestling coach was not a public official), cert. denied, 474 U.S. 953 (1985), overruled on other grounds, 496 N.E.2d 699 (Ohio 1986); Johnston v. Corinthian Television Corp., 583 P.2d 1101, 1103 (Okla. 1978) (grade school wrestling coach was a public official); Johnson v Sw. Newspapers Corp., 855 S.W.2d 182, 187 (Tex. App. 1993) (high school athletic director and head football coach was a public official); O'Connor v. Burningham, 165 P.3d 1214, 1220 (Utah 2007) (high school basketball coach was not a public official).
( Forbes, 2 Ill. App.3d at 27.) In Basarich v. Rodeghero (1974), 24 Ill. App.3d 889, 321 N.E.2d 739, the court commented that Illinois courts had brought such people as doctors within the parameter of the New York Times rule. Thus, in reliance upon the Rosenblatt analysis, the court found that public school teachers and coaches, and the conduct of such persons and their policies, were of as much concern to the community as were other public officials and public figures.
Accordingly we agree with the trial court that appellant was not a "public official" within the meaning of New York Times. We acknowledge that appellate courts in two other states have concluded to the contrary that public school teachers are "public officials" ( Johnston v. Corinthian Television Corp. (Okla. 1978) 583 P.2d 1101, 1102-03; Basarich v. Rodeghero (1974) 24 Ill. App.3d 889 [ 321 N.E.2d 739, 742]); we respectfully disagree with the conclusions reached by those courts. 2. Public Figure
1992) (teacher was "public official"); Mahoney v. Adirondack Publishing Co., 509 N.Y.S.2d 193, 195 (ICY. App. Div. 1986) (same), reversed on other grounds, 517 N.E.2d 1365 (ICY. 1989); Luper v. Black Dispatch Publishing. Co., 675 P.2d 1028, 1031 (Okla.Ct.App. 1983) (same); State v. Defley, 395 So.2d 759, 761 (La. 1981) (principal was "public official"); Johnston v. Corinthian Television Corp., 583 P.2d 1101, 1103 (Okla. 1978) (teacher was "public official"); Sewell v. Brookbank, 581 P.2d 267, 270 (Ariz. 1978) (same); Basarich v. Rodeghero, 321 N.E.2d 739 (Ill.App. 1974) (same); Kapiloff v. Dunn, 343 A.2d 251, 258 (Md.Ct.Spec.App. 1975) (principal was "public official"); and Reaves v. Foster, 200 So.2d 453, 458 (Miss. 1967) (same).
Several jurisdictions have concluded that teachers are public officials. See Sewell v. Brookbank, 119 Ariz. 422, 425, 425, 581 P.2d 267 (1978); Basarich v. Rodeghero, 24 Ill. App.3d 889, 892-93, 321 N.E.2d 739 (1974); Luper v. Black Dispatch Publishing Co., 676 P.2d 1028, 1031 (Okla.App. 1983). other jurisdictions have disagreed.
The following cases lend support to the proposition that a public school teacher is a New York Times "public official." See Sewell v. Brookbank, 119 Ariz. 422, 425, 581 P.2d 267, 270 (1978); Gallman v. Carnes, 254 Ark. 987, 992, 497 S.W.2d 47, 50 (1973); Basarich v. Rodeghero, 24 Ill. App.3d 889, 893, 321 N.E.2d 739, 742 (1974); Luper v. Black Dispatch Publishing Company, 675 P.2d 1028, 1030-31 (Okla. 1983); Johnston v. Corinthian Television Corp., 583 P.2d 1101, 1103 (Okla.
Appellant's prior activities and actions while in an official capacity were inextricably bound, in Diadiun's view, to the legal hearing which was the source of his averred perjury. See Johnston v. Corinthian Television Corp. (Okla. 1978), 583 P.2d 1101; Cone v. Phipps Broadcasting Stations (D. Ga. 1979), 5 Media L. Rep. (BNA) 1972; Grayson v. Curtis Publishing (1967), 72 Wn.2d 999, 436 P.2d 756; Besarich v. Rodeghero (1974), 24 Ill. App.3d 889, 321 N.E.2d 739, 742; Reaves v. Foster (Miss. 1967), 200 So.2d 453. In short, appellant's testimony at the legal hearing was related to his official responsibilities at the wrestling match and OHSAA hearing.
1978). Each of these decisions rested on the authority of Basarich v. Rodeghero, 24 Ill. App.3d 889, 321 N.E.2d 739, 742 (1974). This case held that public high school teachers were "public officials" or "public figures," and thus collapsed and confused the criteria for determining a plaintiff's status.
Rosenblatt v. Baer, 383 U.S. 75 at 86, 86 S.Ct. 669 at 676, 15 L.Ed.2d 597 at 606 (1966). See, for example, Basarich v. Rodeghero, 24 Ill. App.3d 889, 321 N.E.2d 739 (1974) and Kapiloff v. Dunn, 27 Md. App. 514, 343 A.2d 251 (1975), U.S. cert. denied 426 U.S. 907, 96 S.Ct. 2228, 48 L.Ed.2d 832. The appellation of drunkard is not necessarily germane to official conduct, but personal character traits are relevant to fitness for office.
The United States Supreme Court has indicated the doctrine applies to the clerk of a state court, Beckley Newspapers Corp. v. Hanks, 389 U.S. 81, 19 L.Ed.2d 248, 88 S.Ct. 197 (1967). Courts of other jurisdictions have held the term applicable to a school principal, Reaves v. Foster, 200 So.2d 453 (Miss. 1967); Kapiloff v. Dunn, 27 Md. App. 514, 343 A.2d 251 (1975); school teachers, Basarich v. Rodeghero, 24 Ill. App.3d 889, 321 N.E.2d 739 (1974); the auditor for a public water works, Kruteck v. Schimmel, 27 App. Div.2d 837, 278 N.Y.S.2d 25 (1967); a justice of the peace and his clerk, Ross v. News-Journal Co., 228 A.2d 531 (Del. 1967); police officers, Coursey v. Greater Niles Township Publishing Corp., 40 Ill.2d 257, 239 N.E.2d 837 (1968); a city-paid investigator, Bishop v. Wometco Enterprises, Inc., 235 So.2d 759 (Fla.Ct.App. 1970); a private nursing home licensed by the state, Doctors Convalescent Center, Inc. v. East Shore Newspapers, Inc., 104 Ill. App.2d 271, 244 N.E.2d 373 (1968); the manager of a community center, Brown v. Kitterman, 443 S.W.2d 146 (Mo. 1969); the supervisor of a branch post office, Silbowitz v. Lepper, 32 App. Div.2d 520, 299 N.Y.S.2d 564 (1969); the chief x-ray technician of a county hospital, Fopay v. Noveroske, 31 Ill. App.3d 182, 334 N.E.2d 79 (1975); a secretary hired by a public works director, Grzelak v. Calumet Publishing Co., 543 F.2d 579 (7th Cir. 1975); a social worker, Press, Inc. v. V