How Can We End #Cancelculture—Tort Liability Or Thumper's Rule?
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False Light, Disclosure, and Outrage Torts
_ False Light, Disclosure, and Outrage Torts Eric E. Johnson ericejohnson.com Konomark Most rights sharable Some general notes about false light, disclosure, and outrage: • They are available for natural, living persons only – not for corporations • Much of defamation doctrine applies – Identification of plaintiff – Fact vs. opinion – Substantial truth (but not for disclosure) • The First Amendment can substantially limit any of these torts – State action hurdle overcome a la NYT v. Sullivan 1 _ False Light The Elements: 1. A public statement 2. Made with actual malice 3. Placing the plaintiff in a false light 4. That is highly offensive to the reasonable person False Light Defenses: • Essentially the same as for defamation • So, for example: – A public figure will have to prove actual malice.* – A private figure, if a matter of public concern, must prove actual malice or negligence + special damages.* *That is, if actual malice is not required as a prima facie element, which it generally, but not always, is. 2 _ Disclosure The Elements: 1. A public disclosure 2. Of private facts 3. That is highly offensive to the reasonable person Disclosure Defenses: • Legitimate public interest or concern – a/k/a “newsworthiness privilege” – First Amendment requires this, even if common law in a jurisdiction would not 3 _ Outrage (a/k/a Intentional Infliction of Emotional Distress) The Elements: 1. Intentional or reckless conduct that is 2. Extreme and outrageous 3. Causing severe emotional distress Review Intrusion The Elements: 1. Physical or other intrusion 2. Into a zone in which the plaintiff has a reasonable expectation of privacy 3. -
Summer 2019 Calendar of Events
summer 2019 Calendar of events Hans Christian Andersen Music and lyrics by Frank Loesser Book and additional lyrics by Timothy Allen McDonald Directed by Rives Collins In this issue July 13–28 Ethel M. Barber Theater 2 The next big things Machinal by Sophie Treadwell 14 Student comedians keep ’em laughing Directed by Joanie Schultz 20 Comedy in the curriculum October 25–November 10 Josephine Louis Theater 24 Our community 28 Faculty focus Fun Home Book and lyrics by Lisa Kron 32 Alumni achievements Music by Jeanine Tesori Directed by Roger Ellis 36 In memory November 8–24 37 Communicating gratitude Ethel M. Barber Theater Julius Caesar by William Shakespeare Directed by Danielle Roos January 31–February 9 Josephine Louis Theater Information and tickets at communication.northwestern.edu/wirtz The Waa-Mu Show is vying for global design domination. The set design for the 88th annual production, For the Record, called for a massive 11-foot-diameter rotating globe suspended above the stage and wrapped in the masthead of the show’s fictional newspaper, the Chicago Offering. Northwestern’s set, scenery, and paint shops are located in the Virginia Wadsworth Wirtz Center for the Performing Arts, but Waa-Mu is performed in Cahn Auditorium. How to pull off such a planetary transplant? By deflating Earth. The globe began as a plain white (albeit custom-built) inflatable balloon, but after its initial multisection muslin wrap was created (to determine shrinkage), it was deflated, rigged, reinflated, motorized, map-designed, taped for a paint mask, primed, painted, and unpeeled to reveal computer-generated, to-scale continents. -
As Writers of Film and Television and Members of the Writers Guild Of
July 20, 2021 As writers of film and television and members of the Writers Guild of America, East and Writers Guild of America West, we understand the critical importance of a union contract. We are proud to stand in support of the editorial staff at MSNBC who have chosen to organize with the Writers Guild of America, East. We welcome you to the Guild and the labor movement. We encourage everyone to vote YES in the upcoming election so you can get to the bargaining table to have a say in your future. We work in scripted television and film, including many projects produced by NBC Universal. Through our union membership we have been able to negotiate fair compensation, excellent benefits, and basic fairness at work—all of which are enshrined in our union contract. We are ready to support you in your effort to do the same. We’re all in this together. Vote Union YES! In solidarity and support, Megan Abbott (THE DEUCE) John Aboud (HOME ECONOMICS) Daniel Abraham (THE EXPANSE) David Abramowitz (CAGNEY AND LACEY; HIGHLANDER; DAUGHTER OF THE STREETS) Jay Abramowitz (FULL HOUSE; MR. BELVEDERE; THE PARKERS) Gayle Abrams (FASIER; GILMORE GIRLS; 8 SIMPLE RULES) Kristen Acimovic (THE OPPOSITION WITH JORDAN KLEEPER) Peter Ackerman (THINGS YOU SHOULDN'T SAY PAST MIDNIGHT; ICE AGE; THE AMERICANS) Joan Ackermann (ARLISS) 1 Ilunga Adell (SANFORD & SON; WATCH YOUR MOUTH; MY BROTHER & ME) Dayo Adesokan (SUPERSTORE; YOUNG & HUNGRY; DOWNWARD DOG) Jonathan Adler (THE TONIGHT SHOW STARRING JIMMY FALLON) Erik Agard (THE CHASE) Zaike Airey (SWEET TOOTH) Rory Albanese (THE DAILY SHOW WITH JON STEWART; THE NIGHTLY SHOW WITH LARRY WILMORE) Chris Albers (LATE NIGHT WITH CONAN O'BRIEN; BORGIA) Lisa Albert (MAD MEN; HALT AND CATCH FIRE; UNREAL) Jerome Albrecht (THE LOVE BOAT) Georgianna Aldaco (MIRACLE WORKERS) Robert Alden (STREETWALKIN') Richard Alfieri (SIX DANCE LESSONS IN SIX WEEKS) Stephanie Allain (DEAR WHITE PEOPLE) A.C. -
When Is Comedy Over the Line? the Departure of Shane Gillis from SNL - the Prindle Post When Is Comedy Over the Line? the Departure of Shane Gillis from SNL
8/9/2021 When Is Comedy Over the Line? The Departure of Shane Gillis from SNL - The Prindle Post When Is Comedy Over the Line? The Departure of Shane Gillis from SNL By Rachel Robison-Greene - Oct 1, 2019 "File:Radio City Music Hall (2549293905).jpg" by File Upload Bot (Magnus Manske) is licensed under CC BY-SA 2.0 Earlier this month, the famous sketch comedy program Saturday Night Live announced that Shane Gillis would be joining the troupe. The comedian was allegedly cast in an attempt to appeal to more conservative potential viewers. In recent years, the show has been perceived by many to have a liberal bias, and its creators wanted to draw more politically diverse viewership. Several days later, however, SNL announced that Gillis would not be joining the cast after all. The show’s representatives acknowledged that they cast Gillis on the basis of the strength of his audition, but failed to adequately vet him before offering him the job. In the days immediately following the casting announcement, comedic material surfaced that many found appalling. A good number of the offensive remarks came from a podcast co-hosted by Gillis in which he makes unambiguously racist, sexist, homophobic, and transphobic remarks. There are also recordings of Gillis making rape jokes and mocking people with disabilities. This is not the first time a comedic institution has decided to part ways with Gillis over the nature of his comedy. The Good Good Comedy Theater, a prominent Philadelphia Comedy Club, tweeted the following, We, like many, were very quickly disgusted by Shane Gillis’ overt racism, sexism, homophobia and transphobia – expressed both on and off stage – upon working with him years ago. -
The Fading of False Light Invasion of Privacy
\\server05\productn\N\NYS\66-1\NYS112.txt unknown Seq: 1 12-MAY-10 8:28 TWILIGHT: THE FADING OF FALSE LIGHT INVASION OF PRIVACY ANDREW OSORIO* INTRODUCTION One hundred twenty years ago Samuel Warren and Lewis Bran- deis sowed the first seeds of America’s distinct privacy law in their groundbreaking treatise The Right to Privacy.1 Through their work, the pair argued that the common law could, and should, “protect those persons with whose affairs the community has no legitimate concern, from being dragged into an undesirable and undesired publicity and to protect all persons, whatsoever[ ] their position or station, from having matters that they may properly prefer to keep private, made public against their will.”2 Seventy years later William Prosser penned his article Privacy, wherein he differentiated and cataloged what he deemed to be the various limbs of the legal sap- ling planted by Warren and Brandeis.3 In so doing, Prosser suc- ceeded in grafting onto the law a new branch, which he termed “False Light in the Public Eye.”4 Dimly conceived, Prosser claimed that this “form of invasion of privacy . consists of publicity that places the plaintiff in a false light in the public eye.”5 Adopted by the American Law Institute (ALI) in the Restatement of Torts as “Publicity Placing Person in False Light,”6 this tort has faced near constant assault from scholars since its formal recognition.7 Just * New York University School of Law, J.D. Candidate, 2010; Pomona College, B.A., 2003. I would first like to thank Dr. -
Establishing Constitutional Malice for Defamation and Privacy/False Light Claims When Hidden Cameras and Deception Are Used by the Newsgatherer, 22 Loy
Loyola of Los Angeles Entertainment Law Review Volume 22 Number 2 Symposium: Tune in, Turn on, Cop Article 7 Out? The Media and Social Responsibility 1-1-2002 Establishing Constitutional Malice for Defamation and Privacy/ False Light Claims When Hidden Cameras and Deception Are Used by the Newsgatherer David A. Elder Neville L. Johnson Brian A. Rishwain Follow this and additional works at: https://digitalcommons.lmu.edu/elr Part of the Law Commons Recommended Citation David A. Elder, Neville L. Johnson, and Brian A. Rishwain, Establishing Constitutional Malice for Defamation and Privacy/False Light Claims When Hidden Cameras and Deception Are Used by the Newsgatherer, 22 Loy. L.A. Ent. L. Rev. 327 (2002). Available at: https://digitalcommons.lmu.edu/elr/vol22/iss2/7 This Article is brought to you for free and open access by the Law Reviews at Digital Commons @ Loyola Marymount University and Loyola Law School. It has been accepted for inclusion in Loyola of Los Angeles Entertainment Law Review by an authorized administrator of Digital Commons@Loyola Marymount University and Loyola Law School. For more information, please contact [email protected]. ESTABLISHING CONSTITUTIONAL MALICE FOR DEFAMATION AND PRIVACY/FALSE LIGHT CLAIMS WHEN HIDDEN CAMERAS AND DECEPTION ARE USED BY THE NEWSGATHERER David A. Elder,* Neville L. Johnson**and Brian A. Rishwain*** "There is a photographer in every bush, going about like a roaring lion seeking whom he may devour."I "What is slander? A verdict of 'guilty'pronouncedin the absence of the accused, with closed doors, without defence or appeal, by an interestedand prejudicedjudge. ,,2 "Liars are persuaded by their own excuses to a degree that seems incredibleto others. -
Progress, Privacy, and Google Jamuna D
Brooklyn Law Review Volume 74 | Issue 1 Article 7 2008 A Computer with a View: Progress, Privacy, and Google Jamuna D. Kelley Follow this and additional works at: https://brooklynworks.brooklaw.edu/blr Recommended Citation Jamuna D. Kelley, A Computer with a View: Progress, Privacy, and Google, 74 Brook. L. Rev. (2008). Available at: https://brooklynworks.brooklaw.edu/blr/vol74/iss1/7 This Note is brought to you for free and open access by the Law Journals at BrooklynWorks. It has been accepted for inclusion in Brooklyn Law Review by an authorized editor of BrooklynWorks. A Computer with a View PROGRESS, PRIVACY, AND GOOGLE INTRODUCTION [Tihe existing law affords a principle which may be invoked to protect the privacy of the individual from invasion either by the too enterprising press, the photographer .... [or] any other modern device for recording or reproducing scenes .... [Is it the case that] any individual, by appearing upon the public highway, or in any other public place, makes his appearance public, so that any one may take and publish a picture of him as he is at the time[?] What if an utterly obscure citizen, reeling along drunk on the main street, is snapped by an 2enterprising reporter, and the picture given to the world? Is his privacy invaded? The authors of the quotations above, Samuel Warren, Louis Brandeis, and William Prosser, were not referring to the Internet when they described the increasing invasion of modem devices into personal privacy, but their words are still poignant for many citizens of a world in which novel technology seems to sprout silently, rapidly, and endlessly. -
Fake News and Misinformation Policy Lab Practicum (Spring 2017)
ST ANFORD Fake News & Misinformation Policy Practicum 2017 PRACTICUM RESEARCFacebookH TEAM: Research Team Jacob Finkel, JD ’19, Steven Jiang,Mufan BS ’17, Luo, PhD ‘22 Mufan Luo, PhD ’22, Rebecca Mears, JD/MPP ’19, Danaë Metaxa-Kakavouli, PhD ’20Camille, Peeples, JD ‘18 Camille Peeples, JD ’18, BrendanArjun Sasso, Shenoy,JD ’19, JD ‘19 Arjun Shenoy, JD ’19, Vincent Sheu, JD/MS ’18 , Nicolás Torres-Echeverry, JSM ’17 Google Research Team INSTRUCTOR AND PROJECTDanaë LEAD MetaxaS: -Kakavouli, PhD ‘20 Nicolás Torres-Echeverry, JSM ‘17 SENATOR RUSS FEINGOLD Edwin A. Heafey, Jr., Visiting Professor of Law Luciana Herman, Ph.D. Twitter Research Team Lecturer in Law Program Director, Law and Policy LabJacob Finkel, JD ‘19 Steven Jiang, BS ‘17 Ashwin Aravind, JD ‘18 Teaching Assistant Rebecca Mears, JD/MPP ‘19 Katie Joseff, MA ‘19 Research Assistant Reddit Research Team October POLICY CLIENT: Brendan Sasso, JD ‘19 Hewlett Foundation MadisonVincent Initiative Sheu, JD/MS ’18 2017 1 Acknowledgements This report reflects the research and analysis of an inter-disciplinary law and graduate student team enrolled in the Stanford Law School Fake News and Misinformation Policy Lab Practicum (Spring 2017). Under the guidance of instructor Senator Russ Feingold, the Edwin A. Heafey Visiting Professor of Law, the practicum surveyed the roles of four major online platforms in the spread of fake news beginning with the 2016 U.S. election. Assisting Senator Feingold in the practicum were Policy Lab Program Director and Lecturer Luciana Herman, Ph.D., and Teaching Assistant Ashwin Aravind, J.D. ’18. Brendan Sasso, J.D. ’19, served as the exceptional lead student editor for the report. -
ACRONYM 11 - Round 5
ACRONYM 11 - Round 5 1. A location in this series has a jukebox that onlys play live versions of Eagles songs and contains a large amount of beer that is always warm. One character on this series responds to a problem by kicking a woman's dog into the sun. A silver-haired (*) architect on this series constructs a special neighborhood ostensibly for those who lived quality lives, such as the silent monk Jianyu. After being hit by a truck, Eleanor Shellstrop finds herself in the heaven-like title location of, for 10 points, what NBC comedy starring Ted Danson and Kristen Bell? ANSWER: The Good Place <Nelson> 2. Chargers coach Don Coryell helped innovate the role of this football position with the help of future hall of famer Kellen Winslow. Due to a difference in team sizes, this position is exceedingly rare in Canadian football. Before becoming a coach, Mike (*) Ditka played this position, which was also played by Shannon Sharpe and currently played by Delanie Walker. Long-time Kansas City Chief Tony Gonzalez holds nearly every record for players with, for 10 points, what hybrid offensive position now played by Jason Witten and Rob Gronkowski? ANSWER: tight end <Nelson> 3. A George Cukor film based on this work cast John Barrymore as an unusually old version of a secondary character. A 2013 film based on this work co-starred Douglas Booth and Hailee Steinfeld. Laurence Olivier had an uncredited role delivering a monologue in a 1968 Franco (*) Zeffirelli film based on this work. A 1996 film based on this work depicted a brand of gun named "Dagger" in order to preserve this work's original dialogue. -
Comedy Roster
COMEDY ROSTER 2 DOPE QUEENS ELI CASTRO JUSTIN WILLMAN PHOEBE ROBINSON AARON CHEN ELLIE TAYLOR KANAN GILL RACHEL BLOOM ALI SIDDIQ ENISSA AMANI KATE BERLANT RACHEL FEINSTEIN ALI WONG ERIC ANDRE KATHLEEN MADIGAN RAE SANNI AMANDA SEALES EUGENE MIRMAN KENAN THOMPSON RAMY YOUSSEF AMOS GILL EUGENIO DERBEZ KEVONSTAGE RANDY FELTFACE ANDREW BACHELOR FAHIM ANWAR KIDS IN THE HALL REGGIE WATTS ANDREW SANTINO FLIGHT OF THE CONCHORDS KRISTEN SCHAAL RHYS DARBY ANDY DALY GAD ELMALEH KRISTINA KUZMIC ROB DELANEY ANJELAH JOHNSON GARY OWEN KYLE DUNNIGAN ROB RIGGLE ARNEZ J GEORGE LOPEZ KYLE KINANE RORY SCOVEL AWKWAFINA GUILTY FEMINIST KYLE MOONEY RUSSELL PETERS BECK BENNETT H. JON BENJAMIN LANGSTON KERMAN RYAN HAMILTON BERT KREISCHER HANNAH EINBINDER LARRY THE CABLE GUY SAL VULCANO BETH STELLING HANNAH GADSBY LAS CULTURISTAS SAMANTHA BEE BILLY EICHNER HEATHER MCMAHAN LAUREN LAPKUS SARAH SHERMAN BILLY GARDELL ILANA GLAZER LAZY SUSAN SARAH SILVERMAN BITCH SESH ILIZA LESLIE JONES SEANN WALSH BJ NOVAK ISSA RAE LEWIS BLACK SEBASTIAN MANISCALCO BO BURNHAM IVAN DECKER LIL DUVAL SETH MEYERS BOWEN YANG JAKE NORDWIND LIL REL HOWERY SHENG WANG BRANDON WARDELL JB SMOOVE LOS TRES TRISTES TIGRES SIMON GIBSON BRIAN POSEHN JEFF FOXWORTHY LUKE NULL SMALL TOWN MURDER BROAD CITY JEN BRISTER MARC MARON SMART, FUNNY & BLACK CHELSEA HANDLER JEN KIRKMAN MATT INGEBRETSON STAVROS HALKIAS CHLOE FINEMAN JENA FRIEDMAN MAWAAN RIZWAN STEVE TREVIÑO CHRIS DISTEFANO JEANNE ROBERTSON MEG STALTER STEVEN WRIGHT CHRIS HARDWICK JESSICA WILLIAMS MICHAEL IAN BLACK TAYLOR TOMLINSON CHRIS TUCKER JESUS TREJO MICHAEL CHE THE COMEDY GET DOWN CLAUDIA O’DOHERTY JIM GAFFIGAN MICHAEL RAPAPORT THE DOLLOP COLE ESCOLA JIM JEFFERIES MICHELLE BUTEAU THE LONELY ISLAND COMEDY BANG! BANG! JIMMY TATRO MICHELLE WOLF THE MISFITS DAN CUMMINS JO FIRESTONE MY DAD WROTE A PORNO THE TENDERLOINS DAN SODER JOE MANDE MY FAVORITE MURDER THIS MIGHT GET WEIRD DAN ST. -
How "The Lion King" Remake Is Different from the Animated Version by USA Today, Adapted by Newsela Staff on 07.29.19 Word Count 854 Level MAX
How "The Lion King" remake is different from the animated version By USA Today, adapted by Newsela staff on 07.29.19 Word Count 854 Level MAX Image 1. Mufasa (left) and Simba in a scene from Disney's animated "The Lion King" which was released in 1994. Photo by: Disney Studios How does Disney tell the story of a lion becoming king in 2019? Well, largely the same way it did in 1994. This time the movie studio is using photorealistic computer-generated imagery (CGI). Jon Favreau's remake of "The Lion King" (in theaters since July 19) brings Simba, Nala, Scar and the whole pride back to the big screen with new voice talent but much of the original plot intact. Fans of the animated classic get those moments they love: Simba's sneeze, the cub's presentation to the kingdom, Timon and Pumbaa's vulture-kicking entrance. Even much of the dialogue is identical to that of the 25-year-old movie. But there are some changes that add a half-hour of running time to the story. Here are a few notable updates, aside from the obvious fact that the animals no longer look like cartoons. Be prepared for a different version of Scar's sinister song, and for new Beyoncé music. This time, Scar (Chiwetel Ejiofor) doesn't so much croon "Be Prepared" as deliver his signature song like a dark, militaristic monologue. In place of a catchy chorus and humorous digs at hyenas This article is available at 5 reading levels at https://newsela.com. -
Photographers' Guide to Privacy
Photographers’ Guide to Privacy What every cameraman, photographer and videographer should know about invasion of privacy standards in the 50 states and D.C. Fall 2007 A primer on invasion of privacy The question of when the coverage and agrees that a news organization has omitted by reporting a misuse of taxpayer money. reporting of news becomes an invasion or played down facts that put a truthful state- (Harris v. City of Seattle, 152 Fed.Appx. 565 of privacy is a difficult one, especially for ment in its proper context. In 2003, a Florida (9th Cir. 2005)) photographers and videographers. jury awarded $18 million to Joe Anderson, The invasion of another’s privacy is a Reporting news stories in a way that the owner of a road-paving company who “tort,” meaning a civil wrong against another serves and informs the public will often entail sued over a Pensacola News Journal article that results in injury. publicizing facts or displaying images that that truthfully reported he had shot and A privacy tort occurs when a person or will embarrass or anger someone. killed his wife. However, the fact that an entity breaches the duty to leave another To make privacy matters even more diffi- investigation determined that the death was person alone. When journalists intrude on cult for journalists, courts constantly redefine a hunting accident was not mentioned until a person’s privacy and cause emotional or what is private based upon interpretations two sentences later, which Anderson said cre- monetary injury, they may be forced to pay of the elusive legal standard of a “reasonable ated a false impression that he murdered his damages.