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Academic
: Legal Theory BlogLake on False Light Advertising & Constitutional Limits on Defamation Law
By Lawrence Solum
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The defamation tort is the common law?s established remedy for false speech that causes reputational and emotional injury. That tort is subject to intricate constitutional, legislative, and common law rules that have evolved over decades. The false light invasion of privacy tort also provides a potential cause of action in response to injurious falsehood. False light, however, has been subject to much less judicial and legislative scrutiny than defamation. As a result, courts often are uncertain about the proper limits on false light and, in some cases, have countenanced false light claims that would have failed if filed as defamation claims. Allowing such claims conflicts with two important legal principles: (1) the common law principle disfavoring novel causes of action that duplicate established torts; and (2) the constitutional rule of Hustler Magazine v. Falwell. These important legal principles require that courts reject false light claims that challenge defamatory speech but fail to meet defamation law?s standards.
Full post as published by Legal Theory Blog on December 09, 2009 (boomark / email).
Tanning Salon Defamation
WDIO-TV pays undisclosed settlement after reporting false information about a business owner.
False Abuse Accusations
Boothbay Harbor Central School District pays shop teacher $320,000 defamation settlement.
Kimkins
alleging false advertising of online dieting.
Comcast Corp.
alleging false advertising related to the speed of its Internet service.
Activision
alleging false advertising of games for Nintendo Wii, that do not support Dolby Pro Logic II surround sound.
Convicted Caretakers
Senior care center agrees to $175,000 settlement in false advertising lawsuit.

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