Facts:Katherine Smalls is the president of the teachers' union for Central Unified School District.The teachers and district had been in negotiations which included 2% raises, additional sick days and changes to their health care plan.The district administration did not agree to the terms and as a result, the teachers' union went on strike for three days.

During that time, Smalls was interviewed by several media outlets and was featured on local news programs as well as in newspaper articles, both online and in hardcopy.The district superintendent, Peter Fish, was also interviewed several times. In one interview, he was quoted as saying: "Ms. Smalls is an ineffective and weak union leader; she also is an incompetent instructor in her class." Several media outlets ran that quote after it was published.

Katherine is mortified over this reporting.She wants to bring any possible claims against the district and against Peter Fish.

Explain the difference between common law defamation and First Amendment defamation and identify which applies here, if either.

Analyze and explain whether Ms. Smalls is a public figure under First Amendment defamation jurisprudence, and why or why not