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Over the line or Free speech?

Discussion in 'Sports and News' started by Evil ... Thy name is Orville Redenbacher!!, Jun 7, 2011.

  1. YankeeFan

    YankeeFan Well-Known Member

    That's my answer.
     
  2. Smash Williams

    Smash Williams Well-Known Member

    This is from wikipedia, so god knows how correct it is, but according to that article, she may have a good case for an invasion of privacy civil suit.

    I would assume she definitely has a case under No. 2 and possibly under No. 3 (since abortion is not considered murder in the current law).

    ...

    Public disclosure of private facts arises where one person reveals information which is not of public concern, and the release of which would offend a reasonable person.[13] "Unlike libel or slander, truth is not a defense for invasion of privacy."[14] Disclosure of private facts includes publishing or widespread dissemination of little-known, private facts that are non-newsworthy, not part of public records, public proceedings, not of public interest, and would be offensive to a reasonable person if made public.[15][/quote]
    Full article here, though I'm sure some of our legal experts could chime in with more detail. http://en.wikipedia.org/wiki/Privacy_laws_of_the_United_States

    As for what I think, if the definition on wikipedia is correct, it's absolutely invasion of privacy.
     
  3. Tarheel316

    Tarheel316 Well-Known Member

    If the Supreme Court can rule in favor of Citizens United, then this guy has a right put what he did on a billboard.
     
  4. JonnyD

    JonnyD Member

    I don't see the connection.
     
  5. franticscribe

    franticscribe Well-Known Member

    In every state you do not have to name a person in order to libel them. But you do have to "identify" them. It's generally not that "one person knows," but that a reasonable person could determine it based on what was said and whatever the victim's connection was.

    That's why I said above that I think she has a problem with almost any of the potential torts because he didn't really identify her in the billboard. Had he referred to his "ex-girlfriend" I think he's there, but he referred to the mother of "our child" and I think that's one step too far removed for identification.
     
  6. franticscribe

    franticscribe Well-Known Member

    The privacy torts are a bunch of crap, imo, but I don't get to decide them. They're relatively new developments in the law and were "announced" by Prof. Prosser in a 1960s law review article. Subsequently many courts adopted them, but not all.

    The Wikipedia entry quoted is largely accurate although seems to have "intrusion upon seclusion" misnamed. But that doesn't matter here because it wouldn't apply.

    Publication of private facts gets a little sticky. Not every state recognizes it and I have no idea of New Mexico does or not. If it does, then medical information/having had an abortion pretty clearly would fall into it. The problem here is the same as with libel though in that I'm not sure the billboard adequately identifies her for anyone to say that he was talking about her abortion, if she did have one. If she didn't have an abortion, this one doesn't really work.

    False light is basically defamation without the "falsity" element. Except falsity comes in the backdoor because you have to show "actual malice" regardless of whether the plaintiff is a public or private figure. So if she did have an abortion, this wouldn't be available to her. If she didn't, then she's basically got to show that he knew she didn't. Many states don't recognize this one either since it is so close to libel. I don't know about New Mexico though.

    Appropriation wouldn't apply here since she's specifically not mentioned, no image of her is used and there's no apparent commercial gain.
     
  7. zagoshe

    zagoshe Well-Known Member

    I'm ok with a woman's right to choose so long as said woman is OK with man's right to not want to be a father, as well.

    And seeing as the libs are such champions of choice - I'm wondering why they are not on board with a new law stating that a man can "terminate" his rights as a dad and walk away from ALL - ie financial - responsibilty for raising a child should the mother deicde to have it against his will.

    I mean, what is fair is fair.
     
  8. franticscribe

    franticscribe Well-Known Member

    So after reading a more detailed story than the one linked in the OP, I change my opinion on whether she's identified or not.

    He apparently made up some foundation that was put on the billboard as a sponsor.

    The foundation's initials just happen to spell her name and appeared prominently on the billboard:

    http://abcnews.go.com/US/abortion-billboard-lands-mexico-man-court-girlfriend/story?id=13783668

    I now think she's got a good libel claim and at least one of the privacy torts should be applicable, too.
     
  9. Oggiedoggie

    Oggiedoggie Well-Known Member

    We will never know what might have ventured into this world.

    [​IMG]
     
    Last edited by a moderator: Dec 15, 2014
  10. gingerbread

    gingerbread Well-Known Member

    And of course that moral judgment applies to every single man who's ever had sex with a woman despite not wanting to raise a child with her, right?
     
  11. Azrael

    Azrael Well-Known Member

    Do away with alimony? Child support? Maybe we start with equal pay for equal work.
     
  12. Clerk Typist

    Clerk Typist Guest

    Exactly. Protected and tasteless at the same time. Any state court would have to abide by the USSC decision on protected speech, which upholds the First Amendment.
     
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