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1. Identification (applies to defendent)
2. publication (seen/heard by 3rd p)
3. defamatory (offensive)
4. false
5. defendant was at fault |
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| innuendo, suggestion, in context of story, not explicit |
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| types of libel plaintiffs |
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public officials
all purpose public figure (celebs)
vortex or limited purpose public figures (inject themselves into midst of a controversy in a bid to affect its outcome)
private figure |
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| unauthorized use of another's name, likeness, or identity whithout that person's permission, resulting in harm to that person |
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| appropriation case; can permit injunctions for picture of Ali in playgirl magazine |
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| Zacchini v. Scripps-Howard |
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| Appropriation case; first does not protect broadcasters for broadcasting a performer's act without consent |
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| allowed to name rape victims |
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| 4 branches of invasion of privacy |
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| appropriation, intrusion, public disclosure of embarrassing private facts, false light |
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| only branch of invasion where you do not need publication |
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| intrusion (invading someones private space for info gathering) |
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(intrusion case) First is not a license to intrude, steal, illegally record
2 employees of time pretended to be a couple in need of service in order to secretly record/photograph |
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Paparazzi who stalk and harass celebs violate the law of privacy
Galella kept harassing Jacky Kennedy and kids so she got a restraining order |
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(false light case)
forest city published story about cantrell and family's poverty. Got interviews when mom wasn't there.
reporters have First Amendment privilege, but not when stories represent something in false light |
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| (actual malice)fictional novel about hill family was published and time ran a preview of it with picture of family; won because there was no proof of actual malice |
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| Stalking a celebrity and taking keyhole videos of her in a hotel is (intrusion)criminal interstate stalking and invasion of privacy |
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| cohen (R) provided info on (D) challenger and asked to be anonymous. the newspaper published his name and was sued because of promissory estoppel |
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| Eimann v. Soldier of Fortune |
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| can't publish hit man ads |
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| Braun v. Soldier of Fortune |
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| can't publish hit man ads |
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