Defamation and Privacy Torts Flashcards

A newspaper publishes a true but embarrassing account of a private individual's past mental health hospitalization. The most appropriate tort claim is:

Answer: Public disclosure of private facts, because true private information was widely publicized

Public disclosure of private facts applies when truthful but highly personal information is published and a reasonable person would find the disclosure highly offensive—mental health history is a classic example.

Which of the following statements is most likely protected as non-actionable opinion under defamation law?

Answer: 'In my opinion, John Smith is the most incompetent manager I have ever worked for'

Pure opinion that cannot be objectively verified as true or false is constitutionally protected; calling someone 'incompetent' expresses a subjective judgment rather than a verifiable fact.

A radio host falsely broadcasts that a local restaurateur is violating health codes. The restaurateur suffers no proven economic loss. Under traditional common law rules, the restaurateur may recover:

Answer: General damages, because false statements injuring business reputation are slander per se

Falsely accusing someone of conduct that injures them in their trade or business is a traditional category of slander per se, allowing recovery of general damages without proof of special damages.

Which element of defamation is satisfied when one coworker gossips about another coworker's alleged criminal record to a third coworker at lunch?

Answer: Publication, because the statement was communicated to a person other than the plaintiff

Publication is satisfied by communicating the defamatory statement to any single third party; it does not require a mass audience or formal media channel.

Celebrity P sues a magazine for a story that falsely implies she was involved in a financial scandal. Which constitutional standard governs her defamation claim?

Answer: Actual malice, because P is a public figure who voluntarily entered public life

Public figures—individuals who have achieved pervasive fame or who voluntarily inject themselves into a public controversy—must prove actual malice under NYT v. Sullivan.

A defendant uses a professional athlete's photograph in a national advertising campaign without the athlete's consent or compensation. The defendant is most likely liable for:

Answer: Appropriation/right of publicity, because the athlete's identity was commercially exploited

Using a person's name, likeness, or identity for commercial advantage without consent is the tort of appropriation, also known as misappropriation or the right of publicity.

In jurisdictions that recognize it, the 'wire service' defense in defamation provides:

Answer: A qualified privilege when a defendant republishes wire service content in good faith without reason to doubt its accuracy

Where recognized, the wire service defense is a qualified privilege shielding republication of stories from reputable wire services when the defendant had no reason to doubt their accuracy and acted without actual malice.