Defamation and Privacy Torts Flashcards

A credit agency falsely reports to five subscribers that a small private contractor filed for bankruptcy. The report concerns no public issue. Under Dun & Bradstreet v. Greenmoss Builders, what must the contractor prove to recover presumed and punitive damages?

Answer: Only the common law elements; actual malice is not constitutionally required

For a private plaintiff on a matter of purely private concern, the Constitution does not require actual malice for presumed or punitive damages.

Which oral statement is LEAST likely to count as slander per se?

Answer: "Tom is the rudest neighbor on the block."

Calling someone rude falls outside the per se categories (crime, loathsome disease, business or profession, unchastity), so special damages must be proven.

A newspaper prints: "According to unnamed sources, Mayor Lee accepted bribes." The accusation is false. Is the newspaper shielded because it attributed the claim to others?

Answer: No, one who repeats a defamatory statement is liable as if the original publisher

Under the republication rule, each person who repeats a defamatory statement is liable as a publisher, even with attribution.

A private investigator secretly puts a camera in a woman's bedroom but never shows the footage to anyone. Which tort is best established?

Answer: Intrusion upon seclusion

Intrusion upon seclusion requires a highly offensive intrusion into a private place and does not require publication.

A local scientist holds press conferences urging the city to ban a pesticide and later sues a critic for defamation over statements about her advocacy. She is most likely classified as:

Answer: A limited-purpose public figure

By voluntarily stepping into a particular public controversy, she became a limited-purpose public figure and must show actual malice for statements tied to that controversy.

While testifying in a civil trial, a witness falsely and knowingly says the defendant once embezzled from a charity, which is relevant to the case. The defendant sues the witness for defamation. Result?

Answer: The witness is protected by an absolute privilege

Statements made during judicial proceedings that relate to the case carry an absolute privilege, even when made with malice.

A soda company puts a famous athlete's photo on its cans without permission, suggesting he endorses the drink. Which claim fits best?

Answer: Appropriation of name or likeness

Using a person's name or likeness for commercial benefit without consent is appropriation.