The Birth Control Cooperative is a non-profit agency in Jacksonville. The Co-op dispenses information to young men and women about various birth control methods, including abortion. Anti-abortionists picket the small office. Marge Wilson and Derek Noble are leaders of the Co-op. They give speeches, appear on panel discussions and hold press conferences, representing the pro-choice point of view. Volunteers staff the office. The Times-Union undertakes an investigation of the Co-op at the urging of anti-abortionists. The paper writes a story that examines how the Co-op spent $75,000 in United Way funds. The paper writes a story, based on anonymous sources, accusing the leaders of the Co-op of diverting $25,000 of United Way funds to personal use. A photo that shows Wilson and Noble leaving the Co-op accompanies the story. Also in the picture is Mary Wagner, who volunteers (in a non-paid position) in the Co-op, answering phones and performing general office duties. The cutline under the photo said: 'These leaders of the Birth Control Cooperative have been using charitable donations for personal spending money, according to a Times-Union investigation."

            The story is wrong. No money was diverted for personal use. The Co-op simply turned in receipts late that showed how the $25,000 was spent on office supplies. Both Wilson and Noble, worried about losing public support, decline to sue. But Wagner brings an action for libel. The newspaper argues in its defense that Wagner worked for the Co-op and thus was a limited public figure. The paper's lawyers maintain Wagner is a limited public figure and she must prove actual malice to win.

            Is Wagner a limited public figure? You be the judge and explain who would win in this case, and most importantly give your rationale, based on precedent.