About: False light

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In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them. That right is balanced against the First Amendment right of free speech. The specific elements of the tort of false light vary considerably, even among those jurisdictions which do recognize this tort. Generally, these elements consist of the following:

Attributes	Values
rdfs:label	False light (en)
rdfs:comment	In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them. That right is balanced against the First Amendment right of free speech. The specific elements of the tort of false light vary considerably, even among those jurisdictions which do recognize this tort. Generally, these elements consist of the following: (en)
dcterms:subject	Defamation Communication of falsehoods Journalism ethics Tort law Privacy law
Wikipage page ID	2891491 (xsd:integer)
Wikipage revision ID	1121526663 (xsd:integer)
Link from a Wikipage to another Wikipage	Privacy Privacy laws of the United States Public figure Publication Defamation Julian Messner United States free speech exceptions Defendant Injunction Publicity William J. Brennan, Jr. Embarrassment Morality Color (law) Communication Emotion Playgirl Actual malice Defamation Time, Inc. v. Hill Tort US Warren Spahn Falsity Jurisdiction Analytic–synthetic distinction Communication of falsehoods First Amendment to the United States Constitution Reasonable person Reputation Journalism ethics Tort law John Marshall Harlan II Larry Flynt Law Supreme Court of the United States The Desperate Hours (Hayes novel) The Desperate Hours (play) Privacy law Information Mind New York Court of Appeals New York Times Co. v. Sullivan Mass media Plaintiff Subset Right to privacy Free speech Fifth Circuit Life Magazine Technicality Misleading Privacy laws in the United States Chilling effect (term)
sameAs	False light False light False light False light
dbp:wikiPageUsesTemplate	dbt:Citation_needed dbt:For dbt:Reflist dbt:Short_description dbt:Wiktionary-inline dbt:Journalism_footer dbt:Tort_footer
has abstract	In US law, false light is a tort concerning privacy that is similar to the tort of defamation. The privacy laws in the United States include a non-public person's right to protection from publicity that creates an untrue or misleading impression about them. That right is balanced against the First Amendment right of free speech. False light differs from defamation primarily in being intended "to protect the plaintiff's mental or emotional well-being", rather than to protect a plaintiff's reputation as is the case with the tort of defamation and in being about the impression created rather than being about veracity. If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred. False light privacy claims often arise under the same facts as defamation cases, and therefore not all states recognize false light actions. There is a subtle difference in the way courts view the legal theories—false light cases are about damage to a person's personal feelings or dignity, whereas defamation is about damage to a person's reputation. The specific elements of the tort of false light vary considerably, even among those jurisdictions which do recognize this tort. Generally, these elements consist of the following: * A publication by the defendant about the plaintiff; * made with actual malice if the plaintiff is a public figure; * which places the plaintiff in a false light; * and that would be highly offensive (i.e., embarrassing to reasonable persons). Some U.S. state courts have ruled that false light lawsuits brought under their states' laws must be rewritten as defamation lawsuits; these courts generally base their opinion on the premises that a) any publication or statement giving rise to a false-light claim will also give rise to a defamation claim, such that the set of statements creating false light is necessarily, although not by definition, entirely within the set of statements constituting defamation; and b) the standard of what would be "highly offensive" or "embarrassing" to a reasonable person is much more difficult to apply than is the state's standard for defamation, such that the potential penalties for violating the former standard would have an unconstitutional or otherwise unacceptable chilling effect on the media. However, "most states do allow false light claims to be brought, even where a defamation claim would suffice." Some of the states do not recognize the false light claim due to the similarity between false light and defamation, as well as the possible impact on free speech. The states that do recognize it will not allow a plaintiff to maintain suit for both false light and defamation. (en)
gold:hypernym	Term
prov:wasDerivedFrom	wikipedia-en:False_light?oldid=1121526663&ns=0
page length (characters) of wiki page	13021 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:False_light
is Link from a Wikipage to another Wikipage of	Robyn Douglass David Domina Defamation Julian Messner Peter Lance Intentional tort Intrusion on Seclusion Invasion of privacy (disambiguation) Fred Moosally Ginger and Fred Shirley Sherrod Color (law) Zacchini v. Scripps-Howard Broadcasting Co. Susan Antilla Time, Inc. v. Hill A Glimpse of Hell (book) Nona Gaprindashvili Dignitary tort R. Michael Ferrall Tort reform Joe Eszterhas

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