Exam 21: Invasion of Privacy

When is a person placed in a false light?

Public disclosure of private fact can be established even if the only person to whom the defendant communicated the private fact was the plaintiff.

Distinguish between publication in the tort of defamation and publicity in the torts of public disclosure of private fact and false light.

Ted is a dentist who lost his license to practice after the dental board ruled that too many credible dental malpractice claims had been filed against him. Twenty years after he loses the license, a local TV station, WDCA, publishes a mostly accurate story that gives the details of his history as a dentist. The one fact that is inaccurate is a statement that Ted cheated on the dental examination he took to become licensed. What invasion of privacy tort has probably been committed ________?

When is probing considered intrusion?

Appropriation is the use of the plaintiff's name, likeness, or personality for the benefit of the user.

What are the four invasion of privacy torts?

Public disclosure of private fact requires the communication of a false private fact.

Give examples of factors that will help persuade a court that the plaintiff was engaging in a private activity at the time of the defendant's conduct.

Ted is a dentist who lost his license to practice after the dental board ruled that too many credible dental malpractice claims had been filed against him. Twenty years after he loses the license, a local newspaper, the Sun Times , publishes an accurate story that gives the details of his history as a dentist. What invasion of privacy tort has probably been committed ________?

Give examples of factors that will help persuade a court that the plaintiff was engaging in a public activity at the time of the defendant's conduct.

Whether an intrusion is considered offensive is determined by a subjective test or standard.