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.
It’s a tough one because we’d have to prove damages first. But if you could show specific damages, maybe the 9th would consider it. SCotUS is likely to slap it down, despite his absolutely BS status.
Edit: spelling