One who has obtained such pervasive fame or notoriety that he becomes one for

One who has obtained such pervasive fame or notoriety

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One who has obtained such pervasive fame or notoriety that he becomes one for all purposes (2) actual malice (3) falsity D prefers, because burden on P harder than private person Rosenblatt v. Baer; St. Amant v. Thompson LIMITED PUBLIC FIGURE & PUBLIC CONCERN/PRIVATE CONCERN (1) Limited Public figure One who voluntary injects himself or is drawn into a particular public controversy Even w/o purposeful action (2) matter of public concern (3) Actual malice only for defamation arising out of public controversy they have thrust themselves (4) falsity Gravy v. St. Martins Press PUBLIC OFFICIAL & PUBLIC CONCERN or matter of qualifications for office past or present (1) public official Broadly construed- interest in qualifications and performance beyond most gov’t employees (2) matter of public concern Public concern broadly construed (3) actual malice (4) falsity *Damages: may recover presumed and punitive damages, along with actual damages If involuntary thrown into public controversy: not a public figure or limited public figure Must be a public figure before defamatory statements, not as a result of them
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Hutchinson v. Proxmire; Wolston v. Reader’s Digest PRIVATE PERSON & PUBLIC CONCERN (1) private person & (2) public concern (3) falsity P must prove falsity and D must have acted at least negligently (but can choose actual malice) (4) burden on P to show negligence Constitutional protections rationale: private person have not voluntarily exposed themselves to increased risk of injury from defamatory statements and because they generally lack effective opportunities for rebutting such statements unlike public figures/officials *Limited to actual damages, but if can show actual malice then can get presumed and punitive damages including mental suffering DEFENSE: Reasonable grounds for belief Khawar v. Globe International p. 815; Dun & Bradstreet v. Greenmoss Builders PRIVATE PERSON & PRIVATE CONCERN (1) private person (2) private concern Court will look at expressions- content, form and context as revealed by whole record (3) P need not prove falsity or actual malice (4) negligence (majority) *P prefers, easier burden *may recover presumed and punitive (even w/o proof of actual malice) DEFENSE: reasonable grounds for belief PUBLIC FIGURE & PRIVATE CONCERN * rarely exists, difficult to recover (1) public figure (2) private concern (3) falsity (4) negligence Limited to recover of actual damages unless can establish actual malice *P prefers, easier burden Note: cannot circumvent limitations on recovery by casting action for defamation as one for infliction of emotional distress, fraud, trespass, unfair trade practices RIGHT OF PRIVACY CAUSES OF ACTION *Applies only to individuals Generally protects against unreasonable interferences with an individual’s right to be left alone Causes of Action - intrusion upon private affairs or seclusion
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Prima facie case (1)An intentional intrusion, physical or otherwise (2)That is highly offensive to a reasonable person of ordinary sensibilities (3) Upon P’s solitude, seclusion, or private affairs Defense No reasonable expectation of privacy (e.g. internet, in a public place)
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  • Fall '07
  • Hoener
  • assumption of risk, Personal injury, comparative negligence

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