Marianne

Maria Rojas

1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points)

The most jealously protected speech is that which advances the free, uninhibited flow of ideas and opinions on matters of public interest and concern. That which is addressed to matters of private concerns, or focuses upon person who are not public figures in less stringently protected. This speech would be the one of public interest where people can express their feelings.

2. What court decided the case in the assignment? (2 points)

The court that decided the assignment was The Supreme Court of New York, Appellate Division, Third Department

3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points)

A photograph of the plaintiff was published in a newspaper which was used by the defendant in the morning show during the Ugliest Bride contest. The defendant intentionally and recklessly used the plaintiff’s full name, place of employment, and names of her supervisor with full knowledge that the plaintiff was employed by a competing broadcasting company. By doing this the defendant converted a private matter into a public matter causing the defendant distress. The court found that the plaintiff had an actionable claim under the theory of intentional infliction of emotional distress as her matter was turn into a public interest from a private individual.

4. According to the case, why was this not defamation, and what tort did the court approve a filing for? (5 points)

It was not defamation because a defamatory statement tends to expose the plaintiff to public hatred or contempt which would lead them from an opinion of the plaintiff.

The tort of intentional infliction of emotional distress was approved for filing as it is define as an intentional or reckless conduct towards an individual which exceeds all reasonable bounds of decency that is liable to causing...