You have asked for research on the subject of false light claims made in the context of social media posts. The tort of false light is a narrower tort within the broader class of torts classified as invasions of privacy. Accordingly, part one of this memorandum will articulate the historical significance of the invasion of privacy torts, whereas part two will address more specifically the requirements of false light.
I. Invasion of Privacy
The tort of false light is not a fee-standing tort of its own, but a subset of a broader class of torts affording a remedy for damages caused by an invasion of privacy. See Lawrence v. A.S. Abell Co., 299 Md. 697, 701 (1984). This class of torts—often referred to as the Brandeis torts—have their genesis …show more content…
Id. The challenge, however, is that the traditional tort of defamation, libel, and slander—as Brandeis noted—were affixed to a person’s property interest that has been injured. Accordingly, it is, relatively, easy to attribute damages to such torts because the damages represent an objective and stationary variable upon which to determine if the tort has been committed. The invasion of privacy torts, on the other hand, become actionable when a publication is made in which “the community has no legitimate concern.” Brandeis, supra. Accordingly, the tort—by its very nature—necessarily requires a court to engage in the inherently political determination as to what publications go beyond “obvious bounds of propriety and of …show more content…
When personal gossip attains the dignity of print, and crowds the space available for matters of real interest to the community, what wonder that the ignorant and thoughtless mistake its relative importance. Easy of comprehension, appealing to that weak side of human nature which is never wholly cast down by the misfortunes and frailties of our neighbors, no one can be surprised that it usurps the place of interest in brains capable of other things. Triviality destroys at once robustness of thought and delicacy of feeling. No enthusiasm can flourish, no generous impulse can survive under its blighting
I. Invasion of Privacy
The tort of false light is not a fee-standing tort of its own, but a subset of a broader class of torts affording a remedy for damages caused by an invasion of privacy. See Lawrence v. A.S. Abell Co., 299 Md. 697, 701 (1984). This class of torts—often referred to as the Brandeis torts—have their genesis …show more content…
Id. The challenge, however, is that the traditional tort of defamation, libel, and slander—as Brandeis noted—were affixed to a person’s property interest that has been injured. Accordingly, it is, relatively, easy to attribute damages to such torts because the damages represent an objective and stationary variable upon which to determine if the tort has been committed. The invasion of privacy torts, on the other hand, become actionable when a publication is made in which “the community has no legitimate concern.” Brandeis, supra. Accordingly, the tort—by its very nature—necessarily requires a court to engage in the inherently political determination as to what publications go beyond “obvious bounds of propriety and of …show more content…
When personal gossip attains the dignity of print, and crowds the space available for matters of real interest to the community, what wonder that the ignorant and thoughtless mistake its relative importance. Easy of comprehension, appealing to that weak side of human nature which is never wholly cast down by the misfortunes and frailties of our neighbors, no one can be surprised that it usurps the place of interest in brains capable of other things. Triviality destroys at once robustness of thought and delicacy of feeling. No enthusiasm can flourish, no generous impulse can survive under its blighting