Defamation, Invasion of Privacy, and Other Harm to Economic and Dignitary Interests

Question 1

Invasion of Privacy: four kinds of wrongs

Answer 1

1. appropriation of plaintiff’s picture or name
2. intrusion on the plaintiff’s affairs or seclusion
3. publication of facts placing the plaintiff in a false light
4. public disclosure of private facts about the plaintiff

Question 2

appropriation of the plaintiff’s picture or name

Answer 2

1. unauthorized use of the plaintiff’s picture or name for the defendant’s commercial advantage
2. limited to the advertisement or promotion of products or services

Question 3

intrusion on the plaintiff’s affairs or seclusion

Answer 3

an act of prying or intruding on the plaintiff’s private affairs or seclusion that would be highly offensive to a reasonable person

Question 4

publication of facts placing the plaintiff in a false light

Answer 4

1. the publication of facts about the plaintiff putting her in a false light in the public eye in a way that would be highly offensive to a reasonable person
2. actual malice must be shown if the publication is in the public interest

Question 5

public disclosure of private facts about the plaintiff

Answer 5

1. the public disclosure of private info about the plaintiff such that the disclosure would be highly offensive to a reasonable person
2. public disclosure requires publicity, not just publication to a few people

Question 6

defenses to invasion of privacy

Answer 6

consent and absolute or qualified privileges

Question 7

things to consider for defamation

Answer 7

DPDPD: defamatory, publication, damages, plaintiff (status), defenses

Question 8

defamation steps:

Answer 8

1. apply the prima facie case
2. apply constitutional requirements for fault if the plaintiff is a public official or figure, or if the defamation involves a matter of public concern
3. consider defenses

Question 9

prima facie defamation

Answer 9

Defamatory language concerning the plaintiff published to a third person that causes damage to the plaintiff’s reputation, falsity of the state, and fault by the defendant

Question 10

apply the constitutional requirements for fault if the plaintiff is a public person or the speech concerns a public concern:

Answer 10

1. prove statement is false
2. public officials must prove actual malice
3. private figures suing on a public concern must show (i) at least negligence as to truth of falsity, and (ii) actual injury (no presumed damages)

Question 11

consider any applicable defenses for defamation

Answer 11

1. truth (when the plaintiff is not obligated to prove falsity)
2. absolute privilege for statements in judicial, legislative, or executive proceedings
3. qualified privilege

Question 12

How is “actual malice” defined for purposes of the constitutional law of defamation?

Answer 12

Knowledge that the statement was false, or reckless disregard by the defendant as to the statement’s truth or falsity.

Question 13

Which proceedings do not require a reasonable relationship between the defamatory statement and the matter at hand to be absolutely privileged?

Answer 13

Legislative.

Legislative proceedings do not have a requirement that a defamatory statement have a reasonable relationship to the matter at hand. All remarks made by either federal or state legislators in their official capacity during legislative proceedings are absolutely privileged.

Question 14

Does a defamatory accusation need to be believed to be actionable?

Answer 14

No, as long as it is understood in its defamatory sense, an accusation need not be believed to be actionable.

Question 15

How is reckless conduct measured for defamation purposes?

Answer 15

Reckless conduct is not measured by whether a reasonable person would have investigated before publishing; rather, there must be a shwoing that the defendant in fact (subjectively) entertained serious doubts as to the truthfulness of the publication.

Question 16

to estbalish a prima facie case for invasion of privacy based on publication by defendant of facts placing plaintiff in a false light:

Answer 16

(1) publication of facts about plaintiff by defendant placing plaintiff in a false light in the public eye; and
(2) the false light must be something that would be highly offensive to a reasonable person under the circumstances