Page 47 Flashcards
What are considered private facts for public revelation of private facts?
Things about the plaintiff’s life that are not open to public view, inspection, or record
If information comes from public records, can that be considered public revelation of private facts?
No
What would be some examples of public revelation of private facts?
- medical records being published
- disclosing someone’s identity and details about their past life
- doctor releasing pictures he took of a patient’s anatomy or embarrassing info
What are the elements of public disclosure of private facts?
- public disclosure of private facts about plaintiff
- fault in making the disclosure
- no legitimate public interest
- highly offensive to a reasonable person
- causation
What are some examples of things that would be considered highly offensive to a reasonable person for public revelation of private facts?
Newspaper saying plaintiff had an embarrassing disease, sex change, or affair
If it was published that someone was doing their laundry, would that be considered public revelation a private facts?
No, because that is not highly offensive
What does the plaintiff’s private life mean for public disclosure of private facts?
Things the public hasn’t already received and that aren’t open for public observation or in the public record
If someone publicly discloses your age, can that be public disclosure of private facts?
No, because your age is public record
If an event occurs in public, can that be privileged for public disclosure private facts?
No, so if you march in a gay pride parade, someone can report on it
If you tell a very small group of trusted friends and family something with the understanding it will be kept confidential, is that information still considered private?
Yes
Public disclosure of private facts must involve publicity to what?
The public at large or enough people that it is likely to reach the public
If a letter is sent from a collection agency to the plaintiff’s employer, is that a public disclosure of private facts?
No, because it was just one letter and wasn’t published to the public at large
What does the “no legitimate public interest” element mean for public disclosure of private facts?
That the publicized facts were not newsworthy and had no legitimate public interest
If public material involves something of legitimate public interest, but the material is in bad taste, and the defendant publishes it, can he be liable for public disclosure of private facts?
No
Just because time has passed, does that mean information is no longer of legitimate public interest?
No, so someone like a former star that isn’t in the public eye anymore is still considered a matter of public interest
What are defenses to public disclosure of private facts?
Consent and constitutional privilege for the media
Why is truth not a defense to public disclosure of private facts?
Because this is a tort about embarrassment
If someone doesn’t keep a secret when they promised that they would, can they be liable for public disclosure of private facts?
No, unless they were under a legal duty like doctor-patient confidentiality not to disclose the information
