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Torts

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Question:

1) Publication of facts about plaintiff by defendant placing plaintiff in a false light in the public eye; For liability to attach, there must be publicity concerning the “false light” facts; this requires more than “publication” in the defamation sense 2) The “false light” is something that would be highly offensive to a reasonable person under the circumstances; A fact will be deemed to present plaintiff in a false light if it attributes to him:(i) Views that he does not hold, or(ii) Actions that he did not take.Note: This element involves falsity and, as such, may also involve defamation if the falsity affects reputation 3) Actual malice on the part of defendant where the published matter is in the public interest. the Supreme Court held that the First Amendment prohibits recovery for invasion of privacy in cases where the published matter is of public interest, unless the plaintiff establishes that the defendant acted with actual malice the Supreme Court held that the First Amendment prohibits recovery for invasion of privacy in cases where the published matter is of public interest, unless the plaintiff establishes that the defendant acted with actual malice

Author: Robert Suber



Answer:

Publication of Facts Placing Plaintiff in False Light


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