J385: Communication Law Home Page


False Light*

A PUBLICATION WHICH LEAVES A FALSE IMPRESSION

  • One that is not in agreement with the Plaintiff's true beliefs, actions, etc.

THE PUBLICATION MUST BE HIGHLY OFFENSIVE

  • The facts alone may not be offensive, but the false impression created by the facts in context must be highly offensive to a reasonable person.

ACTUAL MALICE

  • All Plaintiffs must show actual malice.

see, Peoples Bank and Trust Company v. Globe International Publishing, Inc.

FALSE FACTS

  • In some jurisdictions, the Plaintiff must show that the publication contains false facts.

*False Light is not recognized in all jurisdictiions. For example, in Lake v. Wal-Mart Stores, 582 N.W. 2d 231 (Minn., 1998) the Minnesota Supreme Court rejected the false light tort.


OREGON Case Law

Dean v Guard Publishing (Or. App. 1985,1987)

Martinez v Democrat-Herald. (Or. App. 1983)

Magenis v. Fisher Broadcasting, 18 MLR 1229 (Or.CtAp. 1990).

Reeseman v.Highfill, ____ OR. ___ (1998)

 

 

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