According to Legal Insurrection, the judge ruling over the case he filed against NBC dismissed it because his victim status made him a public enough figure to the point where NBC can doctor things to make him seem racist and get away with it, in other words, libel is okay against him!
Of course, when NBC did doctor the call log for the air he was not YET well known and the court case wasn’t that big of a deal until it was made into one by the selectively edited call records. So he’s a public figure because they edited the call to create controversy and manufactured the public figure.
Without wading into the legal muck, mostly because I am a lawyer, I’m instead left to wonder why NBC edited records instead of just reporting the news as it happened. Perhaps it’s not as lucrative as editing stuff and then constantly reporting on it with a bias to get constant views you can run ads to and eyes you can sell to advertisers, but whatever happened to “X happened at Y time on Z date and that is all the details we have” before moving on to the next topic?