Rule: Journalists have no special privilege to trespass. But, no violation here b/c where the journalists went was open to the public. allowed damages for trespass but not publication damages Food Lion case- Public Disclosure of Embarrassing Private Facts Definition: Publicity of a private matter to a 3rd person is subject to liability for invasion of privacy if the matter: would be highly offensive to a reasonable person, and is not of legitimate concern to the public. disclosure to 3rd persons so that a private fact becomes public knowledge Publicity- Applies to not just false factual assertions true facts, Media defense of newsworthy story False Light Definition: one who gives publicity to a matter concerning another that places the other before the public in a false light must be highly offensive to a reasonable person and actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter/ false light Info must be false No exception for matters of legit. public interest showing of known falsity or reckless disregarding req. Times v. Hill- Appropriation of Name/Likeness Π’s Can be brought by estates of the dead Many states require showing that appropriation done for business/ commercial purpose human cannonball; Held- 15 sec. clip of him on TV did amount to stolen Zucchini case- name/likeness
Rule: Journalists have no special privilege to trespass. But, no violation here b/c where the journalists went was open to the public. Food Lion case- allowed damages for trespass but not publication damages Public Disclosure of Embarrassing Private Facts Definition: Publicity of a private matter to a 3rd person is subject to liability for invasion of privacy if the matter: would be highly offensive to a reasonable person, and is not of legitimate concern to the public. Publicity- disclosure to 3rd persons so that a private fact becomes public knowledge Applies to true facts, not just false factual assertions Media defense of newsworthy story False Light Definition: one who gives publicity to a matter concerning another that places the other before the public in a false light must be highly offensive to a reasonable person and actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter/ false light Info must be false No exception for matters of legit. public interest Times v. Hill- showing of known falsity or reckless disregarding req. Appropriation of Π’s Name/Likeness Can be brought by estates of the dead Many states require showing that appropriation done for business/ commercial purpose Zucchini case- human cannonball; Held- 15 sec. clip of him on TV did amount to stolen name/likeness