Defamation and Privacy Torts Flashcards

A former employer, asked for a reference, tells a prospective employer that an ex-employee stole inventory, even though the employer knows this is false. Does the employer's qualified privilege protect it?

Answer: No, the privilege is lost because the employer knew the statement was false

A common-interest qualified privilege is abused, and therefore lost, when the speaker knows the statement is false or recklessly disregards its truth.

A columnist writes, "Every lawyer in Los Angeles is a crook." A Los Angeles lawyer sues for defamation. The most likely result is:

Answer: The lawyer loses, because the group is too large for the statement to be 'of and concerning' him

When a defamed group is large, no individual member can show the statement is reasonably understood to refer to them personally.

A magazine runs an embellished story that wrongly suggests a family endorsed criminals who held them hostage, a matter of public interest. Under Time, Inc. v. Hill, what must the family prove for false light?

Answer: Knowledge of falsity or reckless disregard for the truth

Time v. Hill requires actual malice for false light claims involving matters of public interest.

A TV station broadcasts a rape victim's name, which a reporter lawfully got from public court records. The victim sues for public disclosure of private facts. Likely result?

Answer: The station wins, because truthful information taken from public records cannot be punished

Under Cox Broadcasting v. Cohn, the press may not be held liable for publishing truthful information obtained from public court records.

A columnist writes, "In my opinion, Coach Smith lied under oath at the hearing." Under Milkovich v. Lorain Journal, is this protected opinion?

Answer: No, because it implies a provably false assertion of fact

Milkovich holds that there is no wholesale opinion privilege, so a statement implying verifiable false facts can be actionable.

A newspaper truthfully reports that Ann just gave birth to twins. Readers who know Ann married only one month ago take this as a charge of unchastity. At common law, in many jurisdictions, this libel:

Answer: Is libel per quod, needing extrinsic facts, and may require proof of special damages

Libel that is defamatory only through extrinsic facts (inducement) is libel per quod, and many jurisdictions require special damages unless it falls within a slander per se category.

After a well-known author dies, a tabloid publishes a highly offensive false-light story about him. His children sue on his behalf for invasion of privacy. Likely result?

Answer: The children lose, because privacy rights are personal and generally end at death

Privacy rights are personal and generally do not survive death or extend to relatives, though some states recognize a statutory post-mortem right of publicity for appropriation.