Martinez Attached Brief

Martinez Attached Brief - drug transaction therefore it is...

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Martinez v. Democrat-Herald Martinez Jr high student. Democrat-Herald newspaper, published story on drug use among youth. Issue : Is the defendant liable for invasion of privacy, by placing the plaintiff in false light and using the plaintiffs likeness for a commercial purpose? Rule : False light places a person in the public eye if it is highly offensive to a reasonable person. What is required is unreasonable and highly objectionable publicity attributing to a person characteristic that she does not possess or beliefs that she does not hold . Commercial appropriation is when the defendant commercially uses someone's name or likeness, normally to imply his endorsement of a product or service or a nonexistent connection with the defendant's business. Application : The defendant took a photo of the plaintiff and published the photo for public view. The photo was captioned as drug transaction, which is highly offensive. The plaintiff was not conducting a
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Unformatted text preview: drug transaction, therefore it is not a characteristic that she holds. The photo was placed in the people section, therefore not much publicity was given. The photo was listed as an apparent drug transaction, so it was not unreasonable or highly objectionable. The plaintiff admits to smoking marijuana and the photo does not depict a belief that she does not hold. Conclusion : No, the defendant was not liable for invasion of privacy and use of likeness for commercial purposes because the plaintiff actually smokes marijuana. It can't be objectionable if the plaintiff actually partakes in the activity. The plaintiffs photo in a newspaper does not imply endorsement of the product or show any connection with the newspaper business. Since there is no liability the plaintiff may not collect compensatory or punitive damages....
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This note was uploaded on 03/28/2012 for the course BLAW 280 taught by Professor Ng during the Spring '11 term at CSU Northridge.

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