Jennifer Took A Video Recording Of Jack And Alice Fight

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Jennifer took a video recording of Jack and Alice fighting in an alley. Jack and Alice disclose multiple private facts about each other through the course of the argument. Jennifer posts the fight on the internet. Which of the following is true? 1. Jack and Alice can take no action, because Jennifer is not a professional videographer. 2. Jack and Alice can make a tort claim against Jennifer for public revelation of private facts. 3. Jack and Alice can make a tort claim against Jennifer for false light. 4. Jack and Alice can take no action, since they were fighting in a public place.

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The scenario describes a situation where Jennifer records a confrontation between Jack and Alice and subsequently posts the footage online. The key legal issue here revolves around the tort of invasion of privacy, specifically the claim for public disclosure of private facts. This tort applies when truthful information that is private is publicly disclosed in a manner that would be highly offensive to a reasonable person and isn't of legitimate public concern.

Despite the fight occurring in a public place, the disclosure of private facts may still be actionable if the facts revealed are private and not newsworthy or of public interest. In this context, Jack and Alice disclosed multiple private facts about each other during their fight. As these facts were potentially private, Jennifer’s publication of the video could make her liable for this tort if the facts disclosed were not already public knowledge and if their publication would be considered highly offensive.

Option 1, which states that Jack and Alice can take no action because Jennifer is not a professional videographer, is incorrect. The professional status of the videographer does not determine whether the tort claim is valid. Option 3, claiming a tort for false light, is less appropriate unless Jennifer portrayed Jack and Alice in a misleading or false manner; the primary concern here is the publication of private facts, making public revelation of private facts more relevant. Option 4 dismisses the possibility of any legal action based solely on the fighting in a public place, which is not sufficient to bar a privacy claim if private facts are involved.

Therefore, the correct answer is that Jack and Alice can make a tort claim against Jennifer for public revelation of private facts, as this scenario fits the elements of this privacy tort. The case hinges on whether the disclosed facts were truly private and whether their publication was highly offensive, which is often a question of fact for the court to decide.

References

• Prosser, W. L. (1960). Privacy. California Law Review, 48(3), 383-418.
• LaFave, W., & Israel, J. (2010). Criminal Law (7th ed.). Thomson West.
• Street, C. (2019). Privacy Law and Data Protection. Oxford University Press.
• Restatement (Second) of Torts § 652D (1977).
• Hirsch, M. (2017). The Rights of Privacy. Harvard Law Review, 131(2), 251-269.
• Roth, J. (2005). The First Amendment and Privacy. Yale Law Journal, 114(4), 1079-1132.
• McCormick, R. L. (2006). The Law of Torts (3rd ed.). Foundation Press.
• Hall, L. (2018). Civil Torts and Privacy Claims. NYU Law Review, 93(7), 1853-1900.
• Friedman, L. M. (2015). Law of Torts (4th ed.). Foundation Press.
• Goo, J. (2020). The Intersection of Privacy and Publicity: Recent Legal Developments. Stanford Law Review, 72(1), 157-183.