Dignitary Interests

Question 1

Types of Dignitary Interest damages

Answer 1

1. General (emotional harm or harm to reputation)

2. Special (loss of job, medical help needed)

Question 2

Injunctions for Defamation

Answer 2

Generally not allowed, but may exist where substantial property rights are harmed and there is no adequate remedy (plus supervision of injunction is hard).

Question 3

Injunction for Invasion of Privacy

Answer 3

1. Must be ongoing (or else nothing to enjoin)

2. Balance public’s access to newsworthy information

Question 4

Defamation Elements

Answer 4

1. Falsehood about Plaintiff
2. Published (communicated to a third person)
3. Tends to injure Plaintiff’s reputation or standing; or holds Plaintiff up to ridicule or contempt

Question 5

Types of Defamation

Answer 5

Per se - injurious on its face

Per quod - Need something else to show why it is injurious to this plaintiff

Question 6

Damages for Defamation when a private person talking about a private subject matter when:

Answer 6

Per se defamation - presumed damages

Per quod defamation - must prove special damages

Question 7

Damages when a public person is talking about a public subject matter:

Answer 7

Must demonstrate actual malice and then can get general damages

Question 8

Malice in Defamation means

Answer 8

Knowing falsity or reckless disregard for the truth

Question 9

Damages when a private person is talking about a public subject matter

Answer 9

Must show malice or

show actual damages (general or special) AND show fault (at least negligence)

Question 10

Types of Invasions of Privacy

Answer 10

1. Public exposure of private embarrassing facts
2. Portrayal in a false light
3. Intrusion on solitude
4. Appropriation of right of publicity