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¡PROF.  CRAIG CHARLES BELES
¡Seattle, Washington, USA

PL “PUBLIC OFFICIAL” MUST PROVE:
1.D ACTED WITH “MALICE”
2.BY “CLEAR & CONVINCING EVIDENCE.”
- “PUBLIC OFFICIAL” = ONE WHOSE GOVERNMENT ROLE IS OF SUCH IMPORTANCE THAT THE PUBLIC HAS AN
INDEPENDENT INTEREST IN HIS OR HER FITNESS FOR OFFICE
- “MALICE” = D KNEW OF FALSITY OR RECKLESS DISREGARD OF TRUTH
EXPANDED TO “PUBLIC FIGURE” IN Curtis Publishing Co. v. Butts, (U.S. 1967)
“PUBLIC FIGURE” =
- “ALL PURPOSE PUBLIC FIGURE” IS ONE WHO HAS A CONTINUOUS AND POWERFUL INFLUENCE ON PUBLIC MATTERS
- “LIMITED PURPOSE PUBLIC FIGURE” IS ONE WHO VOLUNTARILY THRUSTS HIMSELF OR HERSELF INTO A
PARTICULAR PUBLIC CONTROVERSY
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1. INTRUSION UPON SECLUSION
2.
2. APPROPRIATION OF PL’S NAME OR PICTURE
3.
3. PLACING PL IN A FALSE LIGHT BEFORE PUBLIC
4.
4. PUBLIC DISCLOSURE OF PRIVATE FACTS
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“One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another
or his private affairs or concerns, is subject to liability to the other for invasion of his
privacy, if the intrusion would be highly offensive to a reasonable person.”
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“One who appropriates to his own use or benefit the name or likeness of another is subject to
liability to the other for invasion of his privacy.”
Also Related “Right of Publicity.”
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“One who gives publicity to a matter concerning another that places the other before the public in
a false light is subject to liability to the other for invasion of his privacy, If
(a) the false light in which the other was placed would be highly offensive to a reasonable person,
and
(b)
(b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized
matter and the false light in which the other would be placed.”
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“One who gives publicity to a matter concerning the private life of another is subject to liability
to the other for invasion of his privacy, if the matter publicized is of a kind that:
(a)  would be highly offensive to a reasonable person, and
(a)  is not of legitimate concern to the public.”
(b)
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1.NOMINAL DAMAGES
2.
2.COMPENSATORY DAMAGES
1.SPECIAL  (Subject to “Present Value” Deduction)
2.GENERAL
3. PUNITIVE DAMAGES
MITIGATION OF DAMAGES
SEAT BELTS AND HELMETS?
COLLATERAL SOURCE RULE
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