-One of the 2 types of defamation (tort)

-Written

-Publication of any statement that injures someone's reputation or lowers their esteem in the community

-Most common for media outlets (2/3s of claims against media outlets are libel)

-Confusing 

-Deals with a lot of money

-Plaintiffs will use lawsuits to stop others from defaming them like a deterrant.

-States therefore developed Anti-Slapp laws

-One of the 2 types of defamation (tort)

-Spoken defamation

-Plaintiffs will use lawsuits to stop from defaming them like a deterrant. State have adopted laws to stop this with Anti-Slapp laws

-Strategic lawsuits against public participation.

-To do with different types of tort.

-Prevent plaintiff from harassing media defendants

-Florida statue very restrictive

-Only applies to suits by govt. attendees such as school district, city, counties, those who have exercised their right to peacefully assemble, instruct reps and to petition govt. agencies for redress of grievances

-Govt agency will sue for defamation for something that was said. Only time this FL statue applies

-If Madonna wants to sue NBC in Miami about media it would not apply.

-Only applies to suits in govt. entities

-Has to be a speedy trial

-If defendant wins they are entitled to their attorney fees.

-If suit is filed and this statue applies then

-The govt., cabinet, president of senate, speaker of house has to be notified

-Lawsuits that deal with defamation only reinforce statement

-When you go to trial statement will be repeated over and over

-Publication

-Identification

-Defamatory

-Business reputation/Single Mistake rule

-Trade Libel

-Falsity

-Fault

-Negligence

-Actual Malice

-Statements have to be published

-One person is enough

-If its something thats written/published its one person who reads it

-If your dealing with media defendant its presumed that it was published

-Republication

-2 Examples

-Publishers and vendors- printed products

-For example Barnes and Noble

-If they sell a book with defamatory statement then they cant be sued unless they know or should know of falsity

-For online service providers 

-If online service provider (OSP) is the author or a originator they can be sued for libel.

-But if their transmitting what others have said/made then they are a vendor.

-As long as OSP doesnt encourage creation of legal content or design the site in a way that requires people to put in legal content

-Statement has to identify the plaintiff.

-"Of or concerning the plaintiff"

-Explicity identify- say a name

-Parody- Play on words such as cracklebeeds instead of applebees

-As long as people know who you're talking about

-Description of someone without naming them, or describing a situation because it's a small enough group

-Can use a picture without naming person

1. Words used have to explicity damage a reptutation

-Example

-Accusing someone of a crime, saying someone's a criminal, accusing someone of a sexual reference, personal habit/characteristic, business rep, ridicule

-Photos can be enough if its leads people to believing something

2. Words can seem innocent but with more facts become defamatory

-Bussiness Reputation/Single Mistake Rule

-Trade Libel

-To do with Defamatory and its elements for why libel can be successful

-If reporter says business made a mistake then that's not defamatory vs. if they write it in the sense that business keeps making the mistake and ruins business's reputation then that is defamatory.

-If its one huge mistake, like a finger in a big mac, then its enough to be defamatory

Trade-Libel

3 elements

-To do with Defamatory and its elements to make libel successful

-Statements that crtitcize a product

-There are THREE SEPARATE ELEMENTS

1. Statement has to be false

2. Business that owns product has to prove actual loss of money

3. False comments are motivated by ill will, bad feelings or actual malice

Falsity and element of libel that allows it to be successful

Depends on what?

Differences between the 2? What must be done?

Falsity can be demonstrated if you what?

-Statement most often has to be false.

-Depends on who you are who you are prove the statement is false

-Public figure.. You have to prove statement is false

-Private person.. You only have to prove falsity when matter is a matter of public concern. If you're a private person with private concern than defendant has to prove its true

-Private person not public if media pulls you into controversy

-Falsity can be demonstrated if you leave important facts out of story

Fault and element to allow libel to be successful

-Guilt of media defendant/Mindset of person

-How much do they know of the story? If false, how much should they have known?

-2 Types.. Depends on type of person you are, public plaintiff or private plaintiff

1. Negligence: Failure to use reasonable care. Failure of publisher or journalist you know. If info false or leads to false conclusion. Creates unreasonable risk of harm

2. Actual Malice: Prove one of two things.. Either..

A. Knowing its false

-Publish knowing its false

B. Act with reckless disregard for the truth

-Someone has a high degree of knowledge that something is probably false.

-If you use reasonable care you limit risk of people getting hurt.

-Common negligent acts 

-Rely on untrustworthy source

-Dont read document thats you're talking about

-Fail to corroborate your story

-Careless editing, courts wont look at to see if you had sufficient evidience

-How much time investigating

-Reliable source

-Story probable?

Fault and element of how libel can be successful.. THE 2 TYPES

-Depends on type of person you are, public plaintiff or private plaintiff

1. Negligence: Failure to use reasonable care. Failure of publisher or journalist you know. If info false or leads to false conclusion. Creates unreasonable risk of harm

2. Actual Malice: Prove one of two things.. Either..

A. Knowing its false

-Publish knowing its false

B. Act with reckless disregard for the truth

-Someone has a high degree of knowledge that something is probably false.

-To do with Fault and its elements for making libel successful

1. Rely on an untrustworthy source

2. Dont read documents that you're talking about

3. Fail to corroborate your story

-This means talk to person who writing your writing about

4. Careless editing, courts wont look to see if you had sufficent evidendence..

-How much time to investigate?

-Reliable source?

-Story probable?

Public vs. Private actual malice

Malice? Negligence?

-Public

-Has to show actual malice. (Video in class)

-Private

-Have to show negligence

-Charged that public officials in south with using violence to hurt people who were peaceful

-Sullivan was a public official in Alabama

-Said they were talking about police

-Sullivan was head of police department in Montgomery, AL.

-Sued for defamation

-Trial court award $5,000

-Only 35 copies published

-When a public official, must prove actual malice by either

1. Knowledge of falsity

2. Something probably false

-This distiguished between public and private officials

1. Public offcials

2. All purpose public officials

3. Limited purpose public figures

1. Job description

-Elected officials

-Appointed/hired by govt.

-Person has to have substantial amount of responsibility

-Responsibility/control conduct of govt. affairs

2. Look at nature of story

-Story has to concern manner in which official is doing the job

-Plaintiff's general fitness to hold office/position

-Higher the office the bigger area for you to be scrunticized

-Have pervasive power that can be deemed public figures all the time

-Are they really famous or do they have public influence?

-Oprah?

-Have to prove actual malice if they sue

-Public but not for certain parts of their lives

-Not super famous with lots of power but at one point, they were.

-Jenna McCarthy and autism

-Controversy has to exist before story is written about them

-Person has to voluntarily participate

-Plaintiff has to be actively seeking to influence public

..All 3 must apply!

-FL divorce case against schoolteacher who married throne of Firestone tires, Time wrote a story on it

-Teacher sued

-Court ruled she wasnt a public figure

-Because media cant bring you into a public figure area, the teacher was award $100,000

-Private person so only had to prove negligence

-Doesnt meet test for PO, APPF, or LPPF

Happy Days Daycare Center Case

Ways the 5 proofs are used?

Summary judgment? 

-What are the 5 things she has to prove?

1. Publication.. It was on a newstation, presumed publication if on news

2. Identification.. She was identified

3. Defamation.. Yes, business reputation

4. Falsity.. Yes, does the falsity of license and location matter? Not really

5. Fault.. Yes, maybe depends if its defaming or not

Summary judgement.. Plaintiff need to have proof to offer to jury, and it should be clear and convincing evidence to prove actual malice

-Defendant tried to make this argument.

-Can get you a judgment without having to go to trial. If defendant succeeds in this they wont have to pay anything (case dismissed)

-2 main reasons to get a summary judgment

1. Plaintiff has failed to establish all 5 elements discussed prior

2. Defendant can raise a legal defense saying they have a valid reason

-Typically can only get this judgment if theres no dispute over facts

-If granted and appellate court reverses decision, case goes back to trial court

-Limitation on how long you have to bring a suit to a defendant

-FL.. 2 years, other states longer

-With republications, if its the same edition and republished the statute of limitatons will run first day of publications.

-But, if its a different edition it runs from the new edition time

-Jones was an actress who sued National Enquirer for publishing article calling her an alcoholic.

-Calder was the publisher

-Jones lived in California but article written in FL

-Jones sued Calfornia, but usually case is sued where defendant does business

-Went to Supreme Court and finds that Jones could bring suit to California

-Decides this cause a majority of papers were distributed in California

* Closer defendant ties are to a particular state the easier itll be to sue there

-Cartoon about Cathy Keeton, girlfriend of Penthouse magazine publisher

-Keeton filed suit in Ohio

-Suit filed in Ohio, suit was dismissed because she missed the deadline

-Then filed suit in New Hampshire because she had 6 years to file suit

-Not many Hustler magazines sold in New Hampshire

-SC ruled it didnt matter if Keeton lived in NY, it matter that Hustler had enough contacts in NH for Keeton to win case

-Plaintiff can sue in one state and miss statute of limitations but go to another state and sue there

-Need to establish that defendant has contacts in that state

-In FL, if you miss and miss statue of limitations in another state you cant come to FL to sue

1. Truth

2. Priviledge

-Absolute and Qualified

3. Neutral Reportage

4. Opinion

5. Fair Comment and Criticism

6. Consent

7. Right of Reply

-Public person on a private/public matter

-Plaintiff proves if its false

-Private person on a private matter

-Defendent has to prove statement is true

-Absolute Privilege

-Applies to everything that someone says in a legislative/judicial forum.

-Needs to be a legislstive body, city council forum witnesses, applies to communications and documents.

-Applies to administrative and executive branches.. whats said at hearing

-Qualified Privilege

-Applied to what people report about what others have said at the official hearing

-2 criteria, and defendant bears burden of proving the privledge applies

-If both applies, case dismissed

A. Has to be a news report of an absolutely priviledged proceeding or document

B. Report itself must be fair and accurate

-Almost never applies

-Created in 1977 when press reports something thats news worthy but has defamatory remarks then a privledge would apply

-Defamatory allegations have to be news worthy, charges that are associated with public controversies

-Charges must be made by a responsible and prominent source

-Charges must be reported accurately and neutrally

-Charges must be about a public officials or public figure

-Pure opinion protected by 1st amendment

-Ollman test: Applied when finding out if statement is fact or opinion

-Whether itll apply

1. Can statement be proved true or false?

2. What are the common and ordinary meanings of words?

3. Whats the journalistic context of the statement

4. What social context of the remark?

-Gets protected opinion, older

-3 parts

1. Comment is statement of opinion? (Can it be proved true or false?)

2. Does statement focus on subject of a legitimate public interest?

3. Is there factual basis for the comment?

-Can be direct

-Example

-Yes, you can print that story about me or it can be applied

-Depends on how plaintiff acts

-Tit for tat

-Someone makes statement about you so you respond with statement about him/her. 

-What you say must be comparable to what the person originally said about you

1. Actual damages

-Can relate to mental pain/suffering. All injuries you have suffered

2. Special damages

-Specific economic money losses as a result of defamation

3. Presumed damages

-If you meet your burden, you can get damages without actual harm

4. Punitive damages

-Is to punish defendant for what they have done. Also, to deter others

-Allows defendant to lessen damages by retracting their statement that was defamatoey

-Publish another story saying for example..

-"We made a mistake the truth is .. etc"

-Can reduce damages and lessen likelihood of getting sued

1.Before a defamation can file a case they have to give defendant 5 days notice and tell defendant what statement was false and defamatory

2. 

A. If a publication was made in good faith

B. Whatever the false statement has to be due to an honest mistake

C. If reasonable grounds that statement was true

D. If the retraction is given in proper amount of time

E. If plaintiff meets all these, then plaintiff is limited to actual damages

-If statement was made in broadcast/weekly paper.. defendant has 10 days to retract statement

-If its a semi monthly 

3. There is an example for radio and tv stations

-Cant be liable for statements that people make on air unless station failed to exercise 'do care,' to prevent it

4. In FL, if you lost a defamation suit in another state they cant file again here

-Tort thats supposed to be a catch all category

-Purpose to get money from defendant for emotional damages

-4 Elements

1. Defendent conduct has to be indentional or reckless

2. Conduct myst be extreme or outrageous

3. Has to cause emotional distress

4. Distress must be severe.. for example going to a councelsor

-Example: govt. intrusion

-Freedom from media intrusion

-Freedom to control your own body and what you do with it

-Concept of privacy is dimishing for many reasons

1. Growth of govt. is growing..

-Power and authority govt. has to access info about you/phone calls/internet usage

-Govt. uses corporarions to get info from you

-Patriot Act.. Very broad statue that gave federal govt. a lot of power over phone usage

2. Growth of mass media

-Growth of types of story that media is interested in covering

3. Technological innovations such as facebook

-Falwell was a leader of southern Baptist movement and popular televangilist.

-Spawned from ad by Hustler

-Pretend interview.. "Jery Falwell tells about his first time"

-Sues for defamation and intentional infliction of emotional distress 

-Jury finds liability for emotional distress

-Goes to Supreme Court where they have an oral argument 

-Supreme Court ruled in favor of Hustler (Larry Flint)

-For public figures who are trying to sue for emotional distress

-Have to prove 3 things

1. Parody has to amount to a statement of facts (if something isnt factually believable it will fail the test)

2. Statement has to be false

3. Actual malice has to be shown

-Court ruled someone who is sued for defamation, emotional distress, can use the first ammendment as a defense

-More of a public figure you are, the harder it is to succeed

History of privacy law: Why privacy tort law was developed

2 reasons

What people involved?

First state to pass these laws?

SC case?

What does the Bill of Rights state?

1. Movement of people from rural to urban areas

2. Intrusive newspaper reporting (yellow journalism)

-Samuel Warren and Lewis Grandise wrote article in Harvard law journal about this privacy

-Late 1800s.. NY first state to recognize this 1903 and only protected commercial exploitation of an individual

-Grizzwalt v. Connecticut.. first SC case that recognized privacy rights

-Bill of Rights states

-Freedom to assemble in the 1st

-Freedom from housing soldiers in the 3rd

-Protection unreasonable search and seizure in the 4th

-Protection against self incrimination in the 5th

History of privacy law: Why law was developed.

Only who have right to privacy?

Corporations cant what?

4 Torts that emcompass the invasion of privacy

-Only people have right to privacy

-Corporations cant pursue a privacy suit

-4 Torts that emcompass the invasion of privacy

1. Appropriation

2. Intrusion

3. Publication of private info and facts

4. False light

-Individual uses someone's names and likeness for commercial or trade purposes without consent

-Example: Uses photo to advertise product

A. Right to privacy.. protects person whos name or likeness is used.

-This protects the individual from embarassment. Emotional distress.

-Right to privacy is a personal right.

-Historically, the appropriation claim

B. Right of publicity.. Intended to protect you from economic harm.

-Have to have commcercial value to your name of likeness. 

-Famous, commericial value are the same

-Property right.. If plaintiff dies with a claim in action they can pass claim on to their heirs. 

-Adopted in mid 1900s

-Probably came about with rise of celebrities

How to define name or likeness

Name?

Likeness?

4 Examples?

What must you keep in mind? (When is there a defense, and when is there not?

-Name.. Use someone's name, nickname, or penname

-Example: Snoopp Dog

-Corporate name doesnt have the right to privacy

-Likeness.. Photo is an example

-Paintings, sketches, cartoons, fictional characters based on real life people, look a likes or sound a likes.

1. Famous voices protected

2. Actors depicting a character can be protected

3. Singers that sound like the originals

4. Computer images

-Example: Robot Vanna White

-Keep in mind that parody or reproduction can be a defence to a appropriation claim (Y)

-California SC.. If reproduction is literal translation of an image, then no defense to appropriates (N)

-If you  use the image of a person to express a political statement, then thats a defense to appropriates. (Y)

Advertising or trade purposes are traditionally seen as commercial usage.. Appropriation

Examples?

1. Using name/likeness in some sort of advertisement in media outlet

2. Using a testimonial

3. Using name in a commercial entertainment vehicle. 

-Example.. Movie, book, tv show

-Suit brought in FL about movie, "The Perfect Storm."

-Court held term 'commercial use' as used in FL appropriation statute only applies to name/likeness to advertise or sell a product/service

-Use of name/likeness in a movie isnt commercial use, unless name is to advertise the movie, or movie itself is promoting a product/service

-So, use of name was not a commercial use under applicable statute and appropriation claim in FL failed.

-Takeaway message: In FL, we have a commerical approrpiation statue and it doesnt apply to general use of a name or someones likeness in a publication, unless that use is to advertise the publication, or the publication promotes another product/service

1. News and information exception

2. Incidential use

3. Booth rule

4. Consent

5. Life after death

Excceptions/defenses to liability of appropriation

1. News/info exception

2. Incidential usage

1. News and information exception

-Using name/likeness for news or information purposes, you're not going to be libel

- Example: Cop shows considered news

2. Incidential use

-Brief usage of someone's name

Exceptions/defense to liability of appropriation

Booth rule

3. Booth rule

-Applies when name/likeness to advertise a media product. Won't be seen as appropriate in as long as they are going to be a part of the advertisement.

-Content of media has to prove persons name

-Whole purpose.. Allow publishers to use person to advertise the product

Exceptions/Defenses to liability of appripriation

Consent

-Signing paper.. written document, oral consent.. conversation of consent can be applied

-If written consent is included its uncontestable in court

-Oral consent is contestable

-Implied consent, you can let your actions consent for you

-Consent doesnt work all the time

A. May not be effective forever.. Could have time limit of when you consent and its actually used.. Oral consent a good example

B. Consent has to be given by someone that can actually consent

-Cant be minor, wadren of the state, someone to old so someone else has to sign

C. Consent to use a photo, then it cant be altered

Exceptions/defenses to liability of appropriation

Life after death

Intrusion

What is it?

What is it different from?

When do you have protection?

Whats the tricky situation

-Illegal to intrude, physically or otherwise upon seclusion or solitude of an individual

-Different than tresspassing, unauthorised into property of someone else

-You only have protection when you have reasonable expectation of privacy

1. No exception of privacy in public

-Example: In resturant and someone hears your conversation, you dont have reasonable expection of privacy

2. In workplace, employees have limited expectations of privacy

-Secretly taping conversation is intrusion

-But, if boss sends someone secretly tape conversation then its not intrusion

-Tricky situation

-Eavesdropping.

-Especially electronic

-Internet

-If our putting something out on online you're not going to have an expecation of privacy

-Getting personal info free people.. Definitely an intrusion

-Use of a telephoto lens

-Using a device that allows you to see beyond where the human eye can see.

-California has anti-paperazzi law

-Invasion of privacy of someone engaged in a family activity (physical or constructive invasion)

Internet.. Assumption of risk

Media publishing illegally obtained materials

-Internet.. Assumption of risk

-Tort law states that when you voluntarily put your info out there, then theres no expectation of privacy

-Media.. publishing illegally obtained materials

-Generally media cant get in trouble. But, generally can be libel if they themselves obtain the info

-Electronic Communications Privacy Act of 1986

-Drivers License Protection Act 1994

-Children's Online Privacy Protection Act

-One act passed with the internet

-Illegal to intercept a cell phone conversation, prohibited radio manufacturing from selling things that allowed people to intercept cell phones.

-Outlaws the intentional interception of online communications

-Doesnt apply to employers readering your work email

-Gave FTC (Federal Trade Commission) authority to regulate websites that collect personal info from kids under age 13

-Ethical guideline for the media

1. Info has to be of profund importance

2. Exhaust other ways of getting information first

3. Individuals have to apply excellence needed to pursue story fully. (Do the right thing!)

4. Value of getting info has to outweigh harm caused by deception

5. Journalists involved have to conduct meaningful decision to justify the deception

If info obtained illegally from 3rd party then..

Has to do with recording devices at workplace..

-Still self regulated situation with corporations

1. Arent a lot of regulations on internet

2. Electronic Communications Privacy Act 1986

3. Drivers License Protection Act

4. Children's online Privacy Protection Act 1988

-The tremendous growth of the cult of celebrity in the US

Publication of private facts

Intend to..

Least..

What isnt enough?

Has to be what?

What at large?

-Intends to prevent people from publishing private info.

-Can allow anyone to sue a media company for publishing something even though its true just because you think its private info

-Least accepted by courts of all torts

-Many think media doesnt deserve

-One person not enough (like defamatory)

-Has to be communicated with public at large

-Newpaper, TV, broadcast, website-presumed that it reaches public at large

1. Have to publish private facts

2. The manner thats publicized has to be highly offensive to a reasonable person and not a matter of legitimate public concern

What you do in public isnt going to be private among others

What isnt private?

When can it be published?

Number of people?

-Info contained in public records about you isnt private, such as divorce suit

-If name published in terms of rape victims in public document, or if press legally obtains info then in most cases this info can be published

-Defamation, one person is enough.. but publication it must be a mass number of people

1. More important info is for public the less likely it is that people will think its offensive

-What matters is what people find interesting, not what they should find interesting

-Way story is told doesnt really matter, rather its the info itself

2. Courts will look at how deeply the info or publication intrudes into the person's life

3. How public or private the plaintiff in the case, similar to defamation. The more public you are the higher to prove your privacy was intruded

-Defamation.. media cant drag you into public eye

Is there a nexus between the info of the private life and the person's personal life?

Example

Ethics do..

-Example

-Surfer example from book. Surfer told reporter he threw himself downstairs, burning cigarettes on his tongue, etc.

-Surfer sued saying info was private

-Court ruled his info wasnt private.

-Showing the public that this risky person was also a surfer shows theres a close nexus so media cant be held liable

-Ethics do something play a role in these cases, however shouldnt be reason to keep important info from public

Recounting the past.. Involved stories where someone used to be famous

What type of story almost always allowed?

Info needs to be..

If story does what, then press can be liable?

But facts must be what to do what?

-If its a story that talks about what happened in the past

-Where are they now story

-Pretty much always allowed

-Info needs to be usually (legally?) obtained and public knowledge

-If story intended to embarass or humiliate a person than press could be liable. 

-But have to make sure its relevant and people would be interested

-Private facts must be relevant in order to bring them up in present terms

Internet

Just because you..

Who has limitations of what can be put on internet? Limited to what?

-Just because you put it online doesnt it make it any less public than something that is published

-FTC (Federal Trade Commission) has limitations of what can be put on internet, and limited to deceptive and unfair practices

False Light

What is it?

What must the plaintiff prove?

-Publication of material that places individual in a false light

-Plaintiff has to prove

1. Publication is false/gave false impression

2. Publication has to be highly offensive to a reasonable person

3. Publisher is at fault when publication is made

-Damages differ from defamation

-False light has to do with emotional distress

Fictionalization/dramatization

What is it?

Must change what?

Disclaimers aren;t,,

Way publishes uses what gives what kind of impression?

-Publisher will have to change some things such as name, identity, picture which also gives reason to sue.

-Publisher held liable

-Must change name and identity

-Disclaimers arent going to be enough

-Way publisher uses a photo can also give a negative impression

-To do with Fault

-First US Supreme Court case that discussed invasion of privacy

-Dramatization of family being held captive in own home by 3 convicts

-Changed names of people but actors who played the characters went to the actual home and took pictures, which were used to advertise.

-1st amendment applied to false light

-Everybody has to prove 'actual malice'

-This standard is different today, only public figures have to prove actual malice. Private person only has to prove negligence (def. of defamation)

Cantrell Case (1974)

What is it?

What must be proven for false light?

-To do with Fault

-Concluded that plaintiff met actual malice standard but didnt decide whether negligence applied

-Public/private people have to prove different standards

-False light.. in order to prove must be actual malice

Jews for Jesus v. Rapp case

What happened?

What issue?

-Rapps stepson member of Jews for Jesus and when visitng his sick father get his stepmother to say the sinner's prayer

-Then stepson goes and publishes story in Jews for Jesus newsletter

-Rapp declared defamation

-False light issue.. Can make someone liable for something, even if its true

-Violates 1st amendment

-Defamation tort already had all the first amendment protection

-Highly offensive to reasonable person is very hard to argue

-Cover damages to reputation

-Defamation by implications

-In FL, so these are FL laws

-Court rejected false light because

1. Overlaps with defamation/dont have first amendment protections

2. Highly offensive standard was too vague and ran risk of chilling free speech

3. Recogniztion of public action, it should go to legislation not Supreme Court

NAACP Bigotry 2010 video

What happened?

Issues with defamation and the case?

-Shirley Sherrod, senior vice president of govt. organization was african american protrayed as being racist

-Racist how shes handling job?

-Video gave false impression

-Will she meet defamation?

1. It was published

2. Did publisher identify person? Y

3. Is statement false/false impression? 

-Yes, out of context

-Video was edited and gave impression that she currently thought this but she was talking about something in the 80s

4. Fault? Shes a public person because part of govt. position, has to do her duties. Has to prove actual malice when sues

5. Video put together with reckless disregard of truth

1. No privalege. No, idea not an official proceeding, so no absolute prividlege so no qualified priviledge

2. Truth? No because it gives false impression

3. Fair comment or criticism? No.

4. Intentional affliction of emotional distress? Yes

5. Extreme or outrageous, Yes, extreme emotional distress

6. What stand will apply, Actual malice and yes she met this

7. Appropriation? No because not used for commercial sale or trade

8. Intrusion? No because shes in public

9. Publicaiton of private facts? No.

10. False light? Yes

11. Offensive to reasonable person, Yes.

12. Defendant at fault? Yes probably