"The president, said Judge Sri Srinivasan in the written opinion, 'does not spend every minute of every day exercising official responsibilities. And when he acts outside the functions of his office, he does not continue to enjoy immunity from damages liability just because he happens to be the President.'"
"When a sitting president running for re-election speaks in a campaign ad, that is usually on a matter of public concern. Yet he does so in an unofficial, private capacity rather than in his official capacity as President," the opinion said.
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