Esposito-Hilder vs. SFX case
Esposito-Hilder vs. SFX case
Go to Jennings Chapter 9, page 315, problem 5. Use LexisNexis in the Keller library and look up the Esposito-Hilder vs. SFX case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions.
1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points)
Under the law of defamation and considering the content and general thought process of the entire radio program, the remarks may have been distasteful. However, to the reasonable listener, it would be viewed as an opinion and would not be viewed as an actual fact about the plaintiff. One's physical attractiveness and desirability or lack thereof is, in fact, a matter of subjective opinion, even though under the circumstances it may not give rise to a qualified privilege. For more than a century, it has been widely recognized that "Beauty is in the eyes of the beholder."
2. What court decided the case in the assignment? (2 points)
The court decided that plaintiff's complaint states a cognizable cause of action against the defendants for the tort of intentional infliction of emotional distress. Accordingly, the defendants' motion to dismiss plaintiff's amended complaint is denied.
3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points)
On June 17, 1996, a bridal photograph of the plaintiff and her husband was posted in the wedding section of the Daily Gazette. On June 17, 1996, in the morning radio broadcast, the defendant (being the radio station and employees) had broadcasted offensive, abusive and ridiculing remarks at the physical attractiveness of the bride (plaintiff), including her full name, her place of employment (which happens to be the competing radio station). These remarks were part of the radio station’s “Ugliest Bride
Go to Jennings Chapter 9, page 315, problem 5. Use LexisNexis in the Keller library and look up the Esposito-Hilder vs. SFX case. Use the citation you find in your book to do the search. Read the case and answer these questions. Copy and paste this information into a Word document, include your name on that document, and answer the questions.
1. What is the most “jealously” protected kind of speech, according to the court in this case? (3 points)
Under the law of defamation and considering the content and general thought process of the entire radio program, the remarks may have been distasteful. However, to the reasonable listener, it would be viewed as an opinion and would not be viewed as an actual fact about the plaintiff. One's physical attractiveness and desirability or lack thereof is, in fact, a matter of subjective opinion, even though under the circumstances it may not give rise to a qualified privilege. For more than a century, it has been widely recognized that "Beauty is in the eyes of the beholder."
2. What court decided the case in the assignment? (2 points)
The court decided that plaintiff's complaint states a cognizable cause of action against the defendants for the tort of intentional infliction of emotional distress. Accordingly, the defendants' motion to dismiss plaintiff's amended complaint is denied.
3. Briefly – state the facts of this case, using the information found in the case in LexisNexis. (5 points)
On June 17, 1996, a bridal photograph of the plaintiff and her husband was posted in the wedding section of the Daily Gazette. On June 17, 1996, in the morning radio broadcast, the defendant (being the radio station and employees) had broadcasted offensive, abusive and ridiculing remarks at the physical attractiveness of the bride (plaintiff), including her full name, her place of employment (which happens to be the competing radio station). These remarks were part of the radio station’s “Ugliest Bride