COM JO 525 Lecture Notes - Lecture 7: Loving V. Virginia, False Light, Reasonable Person
7 May 2019
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False light: intentionally or recklessly publicizing false information a reasonable person would find highly offensive. Material was published, it was false, person was identifiable. Appropriation: using another"s name or likeness for advertising without permission. Defense would be newsworthiness, can"t sue for your face being in a photo of a large crowd at a newsworthy event. Right of publicity - using a public person"s name without permission depriving them of monetary value. Intrusion: intentionally intruding on another"s solitude or seclusion. Media can"t lie to obtain consent, the first amendment is not a license to trespass, to steal or to intrude into private home or office. Facts were private, dealt with intimate or highly personal matters, were not of legitimate public concern and were published. Fact finder: in a trial, a judge or the jury determining which facts presented in evidence are accurate. Commercialization: the appropriation tort used to protect people who want privacy.
