Elements
The statement, "I think my professor is the worst professor alive" is likely protected because of what reason?
What is an opinion statement?
A journalist doubts the truth of a story but publishes it anyway. This is strong evidence of this constitutional standard.
What is malice?
Statements made during judicial proceedings are protected by this privilege.
Absolute privilege
A minister photographed outside an adult bookstore may sue under this tort if image creates a misleading impression.
What is false light?
A statement made only to the plaintiff and no one else generally fails because this element is missing.
Under the 1st Amendment, these people must prove actual malice.
What is a public figure or official?
Employers giving references in good faith are often protected by this type of privilege.
Secretly recording someone inside their home most likely constitutes this tort.
What is intrusion upon seclusion?
A blogger republishes a false rumor from another website. “I was just repeating it” usually fails because of this rule.
What is republication liability?
Actual malice means knowledge of falsity or this alternative mental state.
This is an absolute defense to defamation if proven.
What is consent?
Truth is generally not a defense to this privacy tort.
What is public disclosure of private fact?
A newspaper publishes an article stating that "the newest professor at National Law School falsified bar exam results." There are 3 new professors at the school. Defamation fails because of this element.
What is of or concerning the plaintiff?
A private citizen sues a newspaper for falsely accusing her of financial fraud in an article involving public investment practices. What standard must she prove?
What is negligence?
A law professor is denied tenure and sues the university. During discovery, student evaluations are produced showing that many students rated him poorly and complained about his teaching. The professor then sues the students for defamation based on the evaluations and loses.
What is truth or privilege?
Using someone’s identity for commercial advantage without permission is this tort.
What is appropriation?