False Light/Invasion of Privacy In Ohio

Some more considerations for blogging in Ohio

False Light

}  Created by Welling v Weinfeld, 113 Ohio St.3d 464 (2007)

}  Elements

1)      giving publicity

2)      placing another before the public in a false light, if

–  False light would be highly offensive to a reasonable person, and

–  The actor had knowledge or acted with reckless disregard as to falsity of the publicized matter

 Again, truth is a defense.   This tort sounds like defamation.  Four year statute of limitations, one year for defamation.

 “there is such a major misrepresentation of his character, history, activities or beliefs that serious offense may reasonably be expected to be taken.”
 

Invasion of Privacy

}  Murray v Chagrin Valley Publ. Co., 2014-Ohio-5442

◦      In effect redefines the tort

–  An unwarranted appropriation of one’s personality

–  Publicizing of private affairs with which the public has no legitimate concern

–  Wrongful intrusion into one’s private affairs in a manner as to outrage or cause mental suffering to a person of ordinary sensibilities

}  Holding:  no liability if discussing public actions of public people

}  Dead person – the right dies with the person.    Young v That Was The Week That Was,  423 F.2d 265 (6^th Cir. 1970)

 Superintendents are public figures.  Principals Teachers and coaches are not.    East Canton Ed. Assn. v McIntosh, 85 Ohio St.3d 465 (1999)