PLAINTIFF

STATUS ELEMENTS DEFENSES

FAIR COMMENT
PRIVILEGE -
COMMENTS MADE ON
STATEMENT TRUE THE QUANTUM OF THE
D NOT BURDENED TO FAIR REPORTING PRIVILEGE, A MATTER OF PUBLIC
(NOT TECHNICALLY A FALSEHOOD IS
SHOW TRUTH OF NEUTRAL REPORTING OR FAIR ABRIDGMENT, INTERES, BASED ON

PUBLIC OFFICIAL / PUBLIC FIGURE

FALSE DEFENSE AS P BEARS MINISCULE – SMALL,
STATEMENT; P’S PRIVILEGE (SEE SUBSTANTIALLY CORRECT FACTS DISCLOSED OR
STATEMENT BURDEN TO PROVE INCONSEQUENTIAL
BURDEN IS TO SHOW A EDWARDS) AND DOES NOT CHANGE THE FACTS IDENTIFIED AS
ALL ELEMENTS, SEE ERRORS, MISTAKES,
FALSE STATEMENT. MEANING PUBLICLY AVAILABLE;
HEPPS) ETC (SEE SULLUVAN)
AND WERE MADE
HONESTLY WITHOUT
MALICE
SPCIFICITY OF DOES NOT IMPLY AN
STATEMENT ASSERTION OF AN
STATEMENT CANNOT
STATEMENT WAS AN STATEMENT NOT INADEQUATE TO PARDOY, HYPERBOLE, OBJECTIVE FACT , OR
DEFAMATION

REASONABLY BE
OF FACT OPINION (SEE VERIFIABLE AS A FACT SUPPORT CLAIM (SEE FIGURATIVE DOES NOT IMPLY
INTERPRETED AS STATING A
MILKOVICH) (SEE OLLMAN) JANKLOW, “FASCIST” G LANGUAGE EXISTENCE OF
FACT (SEE OLLMAN)
“HE PAINTED A VERIFIABLE FACT (SEE
SWASTIKA”) MILKOVICH)
DID NOT IDENTIFY THEM
NOT OF OR NOT BY THEIR TITLE OR
OF AND CONCERNING THE DID NOT MENTION THEIR
CONCERNING THE EXTREMELY SPECIFIC
PLAINTIFF NAME
PLAINTIFF REFERENCES TO
DUTIES/EVENTS/ETC

STATEMENT NOT
DEFAMATORY IN
STATEMENT WOULD NOT
CONTEXT OF ARTICLE - STATEMENT NOT
TEND TO PREJUDICE
REASONABLE MINDS PLAIN LANGUAGE OF THE REST OF THE STORY DEFAMATORY IN
STATEMENT NOT THE PLAINTIFF TO A
THAT DEFAMES PLAINTIFF WOULD DIFFER WRT STATEMENT IS THAT IT IS NOT DISPELS THE ALLEGED BROADER SOCIETAL
DEFAMATORY SUBSTANTIAL /
DEFAMATORY MEANING DEFAMATORY (SEE OLLMAN) DEFAMATORY CONTEXT (SEE
RESPECTABLE MINORITY
IMPLICATION; PEOPLE OLLMAN)
OF THE COMMUNITY
PRESUMED TO HAVE
READ ENTIRE ARTICLE!

COMMON LAW FAIR

REPORT PRIVILEGE – MAY HAVE BEEN
FAIR / ACCURATE STATUTORY DEFENSE UNDER OBTAINED ILLEGALLY
NO PUBLICATION DEF. ALREADY REPUBLICATION OF : CDA 230 IF DEF IS BY THIRD PARTY BUT
PUBLICATION (TO EVEN A
(GOOD LUCK WITH “PUBLISHED” THE STATEMENTS MADE IN “PUBLISHER” OF A REPUBLICATION OKAY
SINGLE THIRD PARTY)
THIS ONE) STATEMENTS JUDICIAL, LEGISLATIVE DEFAMATORY STATEMENT IF OBTAINED
OR ADMINISTRATIVE MADE BY A USER LAWFULLY BY DEF.
PROCEEDING, OBTAINED (SEE BARTNICKI)
FROM COURTS/POLICE,

ACTUAL INJURY AND

NO IMPAIRMENT TO
PRIVATE FALSITY (MUST PROVE IN
ADDITION TO NEGLIGENCE,
NO OUT OF POCKET REPUTATION OR NO PERSONAL NO MENTAL ANGUISH OR
LOSSES STANDING IN HUMILATION SUFFERING
FIGURE SEE FAULT STANDARD
BELOW)
COMMUNITY
 FAULT STANDARDS
STRICT LIABILITY FORBIDDEN

“SUBSTANTIAL
RESPONSIBILITY FOR
NO ILL WILL, SPITE,
STATEMENT WAS MADE DID NOT RELY ON CONDUCT OF GOV’T
KEEP P IN PUBLIC DID NOT KNOW THE OR HATRED (CANNOT
NEGLIGENTLY AT MOST, SINGLE, AFFAIRS…POSITION OF
OFFICIAL STATEMENT WAS FALSE; PROVE COMMON LAW
ACTUAL MALICE (SEE WHICH IS NOT SUFFICIENT ANONYMOUS SUCH APPARENT
PUBLIC OFFICIAL CATEGORY SO DID NOT HAVE REASON TO MALICE)
SULLIVAN) TO PROVE AXMAL (SEE ST. SOURCE; IF SO, IMPORTANCE” TO WARRANT
AXMAL STANDARD KNOW STATEMENT WAS (MAY BE RELEVANT
AMANT; BUT SEE HARTE- THAT SOURCE WAS PUBLIC INTEREST IN
APPLIES. FALSE TO AXMAL BUT ALONE
HANKS) CREDIBLE PERFORMANCE/WUALIFICAT
IS NOT PF PROOF
IONS OF E (SEE
ROSENBLATT)
PUBLIC FIGURE ACTUAL MALICE

CELEBRITIES,
OF OBVIOUS INTEREST TO “PERVASIVE FAME OR
GENERAL PURPOSE ACTUAL MALICE ATHLETES,
THE PUBLIC NOTORIETY” (SEE GERTZ)
SOCIALITES, ETC
DEFAMATION

ALLEGEDLY
DEFAMATORY
P’S ROLE IN THAT
STATEMENTS ARE P SOUGHT PUBLICITY P HAD ACCESS TO P VOLUNTARILY
CONTROVERSY WAS “MORE
LIMITED PURPOSE ACTUAL MALICE RELEVANT TO SURROUNDING THE MEDIA AND CAN CAME TO THE RISK
THAN TRIVIAL OR
PREEXISTING CONTROVERSY REBUT (SELF-HELP) OF REP HARM
TANGENTIAL”
PUBLIC
CONTROVERSY
P MAY NOT WANT
THIS ATTENTION NEWSWORTHINESS OF P’S
BUT THEY ARE INVOLVEMENT IS AN
INVOLUNTARY ACTUAL MALICE COPS AND FIREFIGHTERS
PART OF A EDITORIAL DECISION, NOT A
CONTROVERSY OF JUDICIAL ONE
PUBLIC CONCERN
D BELONGS IN
NON-NEGLIGENT
NEGLIGENCE (AS PUBLIC FIGURE NON-NEGLIGENT WE MADE A
(CREDIBLE/RELIABLE
WELL AS ACTUAL CATEGORY OF (HOT NEWS, NO TIME; REASONABLE
PRIVATE FIGURE, PUBLIC SOURCE SO NO REASON
INJURY AND FALSITY, THEIR ROLE IN SUPER-IMPORTANT STORY, INVESTIGATION
CONCERN TO GO ABOVE AND
SEE ABOVE) (SEE DUN PUBLIC LIFE OR IN TIPS BALANCE AGAINST P’S GIVEN TIME/MONEY
BEYOND INVESTIGATION
& BRADSTREET) A PUBLIC REP INTERESTS) REQUIRED)
RESPONSIBILITY
CONCERN

COMMON LAW MATTER IS OF GENUINE

STANDARD APPLIES – BAD. ARGUE FOR PUBLIC CONCERN, MORE
DAMAGES UNDER FAULT
PRIVATE FIGURE, MAY BE NEGLIGENCE, P’S ROLE IN AN THAN MERE GOSSIP,
STANDARD WOULD
PRIVATE CONCERN GROSS ONGOING PUBLIC SUFFICIENTLY OVERRIDING
IMPERIL REPORTAGE
IRRESONSIBILITY, OR CONCERN. P’S REPUTATIONAL
ACTUAL MALICE. INTERESTS

REMEDIES
ACTUAL DAMAGES
PRESUMED DAMAGES REQUIRE A SHOWING OF ACTUAL MALICE
PUNITIVE DAMAGES REQUIRE A SHOWING OF ACTUAL MALICE
 ELEMENTS DEFENSES
PUBLICATION TO A MATTER
FALSE LIGHT
INVASION OF
NO PUBLICATION OR REPUBLICATION
CONCERNING ANOTHER
PLACES THEM IN A FALSE LIGHT,

PRIVACY
EITHER FALSE FACT OR
TRUTH (JURISDICTIONAL DEFENSE, BE CAREFUL)
THROUGH TRUE BUT
MISLEADING FACTS,
FALSE LIGHT WOULD BE HIGHLY
OFFENSIVE TO A REASONABLE NOT OFFENSIVE TO A REASONABLE PERSON
PERSON

D KNEW OF OR ACTED IN
RECKLESS DISREGARD AS TO
THE FALSITY OR THE NO KNOWLEDGE OR RECKLESS DISREGARD
PUBLICIZED MATTER OR THE
FALSE LIGHT

REMEDIES
ACTUAL DAMAGES
NOMINAL DAMAGES
INJUNCTIVE RELIEF
TRO
PERMANENT INJUNCTION
 ELEMENTS DEFENSES
INTRUSION UPON INTRUSION, PHYSICAL OR
NO INTRUSION
P CONSENTED THROUGH USE
OF A SERVICE OR WAIVER OR
CONSTRUCTIVE
SECLUSION SOMETHING

SECLUSION OR SOLICITUDE OF TRESPASS NOT SUFFICIENT
ANOTHER OR HIS PRIVATE WITHOUT OFFENSIVENESS
AFFAIRS ELEMENT
NOT HIGHLY OFFENSIVE TO A
VIOLATION IS HIGHLY
REASONABLE OBSERVER –
OFFENSIVE TO A REASONABLE
STANDARD IS NOT WHAT IS
PERSON
OFFENSIVE TO THE PLAINTIFF.
INTRUSION NOT OFFENSIVE
ACTIVITY NOT
P WAS IN SETTING WHERE NO SUFFICIENTLY
P WAS IN PUBLIC RSBL EXPECTATION OF OPPRESSIVE OR
PRIVACY PERMEATING
(ISOLATED INSTANCES)
“REASOABLE” STANDARD
INTRUSION NOT THE KIND DEGREE OR KIND OF INTRUSION, OR
CONCERNS COMMUNITY
LIKELY TO CAUSE MENTAL FACT QUESTION FOR PURPOSE FOR INTRUSION NOT
VALUES, WHICH HAVE
SUFFERING, SHAME, OR JURY OFFENSIVE, OR JUSTIFICATION
CHANGED, MAKING THIS
HUMILIATION OFFERED (MEDIA LOVES THIS)

WITHOUT CONSENT

REMEDIES
ACTUAL
NOMINAL
INJUNCTIVE
TRO
PERMANENT

OTHER EQUITABLE RELIEF

Nader v. General Motors

Cal Penal Code 11414 (Anti-Paparazzi Statute)

 ELEMENTS DEFENSES
PUBLIC DISCLOSURE OF PRIVATE FACTS

GROUP OF PEOPLE
NOT DISCLOSED TO DISCLOSED TO NOT THE NOT DISCLOSED TO SO MANY PEOPLE THAT IT DISCLOSED FOR BRIEF PERIOD OF TIME,
PUBLICATION GENERAL PUBLIC / NOT RIGHT KIND (THOSE WHO WOULD BE SUBSTANTIALLY CERTAIN TO BECOME INSUFFICIENT TO BECOME WIDESPREAD
WIDESPREAD (MAJ. RULE) WOULD GIVE A SHIT) PUBLIC KNOWLEDGE (CAREFUL WITH INTERNET)
(MINORITY RULE)

PRIVATE FACTS (MEDICAL, FINANCIAL, FACTS ALREADY DISCLOSED

FACTS NOT PRIVATE FACTS OBTAINED FROM COURT RECORDS SUBJECT MATTER IS OF THE PUBLIC INTEREST
OTHERS) BY P TO ENOUGH PEOPLE

INFORMATION IS OF
NOT MERELY VOYEURISTIC, THIS IS A FACT (JURY) QUESTION, NOT A LAW
NOT OF LEGITIMATE CONCERN TO THE PUBLIC PUBLIC CONCERN OR
GOSSIPY, CHEAP THRILLS (JUDGE) QUESTION
INTEREST (SEE SIPPLE)

CASE LAW NOT ON POINT

THIS IS A FACT (JURY)
BECAUSE SUBJECT MATTER
HIGHLY OFFENSIVE TO REASONABLE PERSON QUESTION, NOT A LAW
NOT OFFENSIVE NOW (GAY
(JUDGE) QUESTION
PRIEST, E.G.)

CAUSATION
INJURY
NO WAIVER OR PRIVILEGE WE HAD WAIVER WE HAD CONSENT WE HAVE PRIVILEGE

REMEDIES
ACTUAL
NOMINAL
INJUNCTI
VE
TRO
PERMA
NENT
 ELEMENTS DEFENSES
MISAPPROPRIATION USE OF P’S IDENTITY, NAME,
FLEETING OR
INCIDENTAL USE (NOT NOT IDENTIFIABLE
OR LIKENESS ENTIRE ACT, SEE AS P
OF NAME OR SCRIPPS)
USE WAS FOR

LIKENESS FOR D’S BENEFIT

NON-COMMERCIAL
USE
NEWS,
COMMENTARY,
REPORTING ON
TRANSFORMATIVE USE
IN A CREATIVE WORK
PREEMPTION BY
COPYRIGHT LAW
NEWSWORTHINESS (SEE
HAYNES) – POLITICIANS,
NO COMMERCIAL VALUE IN P’S
NAME/LIKENESS (JURISDICTIONAL)
E.G.
MATTERS OF
PUBLIC INTEREST
WITHOUT CONSENT WE HAD CONSENT
INJURY

CAUSATION

REMEDIES
ACTUAL
NOMINAL
INJUNCTIVE
TRO
PERMANENT