Thus it is not an invasion of the right of privacy, within the rule stated in this Section, to communicate a fact concerning the plaintiff's private life to a single person or even to a small group of persons. ^ ^ . The intrusion itself makes the defendant subject to liability, even though there is no publication or other use of any kind of the photograph or information outlined. The case leaves open the question of whether liability can constitutionally be imposed for other private facts that would be highly offensive to a reasonable person and that are not of legitimate concern. Apart from statute, however, the rule stated is not limited to commercial appropriation. Comments: a.The form of invasion of privacy covered by this Section does not depend upon any publicity given to the person whose interest is invaded or to his affairs. You can help Wikipedia by expanding it. 652D Publicity Given to Private Life One who gives publicity to a matter concerning the private life of another is subject to liability to the other for invasion of his privacy, if the matter publicized is of a kind that (a)would be highly offensive to a reasonable person, and (b)is not of legitimate concern to the public.
254, the Supreme Court has held that the First Amendment has placed a number of substantial restrictions on tort actions involving false and defamatory publications. b.How invaded.The common form of invasion of privacy under the rule here stated is the appropriation and use of the plaintiff's name or likeness to advertise the defendant's business or product, or for some similar commercial purpose. The Supreme Court has rendered several decisions on invasion of the right of privacy involving this Section and 652E. The difference is not one of the means of communication, which may be oral, written or by any other means. These restrictions are treated in Division Five of this Restatement. This article relating to law in the United States or its constituent jurisdictions is a stub. Cohn (1975) 420 U.S.
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