1L Torts Casebook Study Materials

Week 12, Torts II. This episode is about the legal thresholds for False Light and privacy intrusions and covers the last part of Chapter 15 Privacy from our textbook: Torts Cases and Materials, 6th Edition by Aaron D. Twerski et al. It also discusses the Restatement (Second) of Torts, § 652E Publicity Placing Person in False Light.

Summary of what was covered in this comprehensive study session:

• The Origins of Privacy Law: The 1890 story of Mrs. Samuel D. Warren, yellow journalism, and the landmark Warren & Brandeis Harvard Law Review article.
• Defamation vs. Privacy: The key exam distinctions between protecting reputation (where truth is an absolute defense) and protecting personal dignity/peace of mind (selective anonymity).
• The Four Branches of Privacy: Sistematically categorized under Dean William Prosser's Restatement classification:

• Appropriation & Right of Publicity: Deep dives into Roberson v. Rochester Folding Box Co., the New York statutes (Sections 50/51), Pavesich, and Carson v. Here's Johnny Portable Toilets (including an extensive breakdown of Judge Cornelia Kennedy's free-speech dissent, Hoffman's policy considerations, Motschenbacher pinstripes, and Ali v. Playgirl).
• First Amendment vs. Publicity: The balance of commercial exploitation vs. expressive works (Rosa Parks, Whitney Houston, Lohan, Hinish v. Meier & Frank, Cox v. Hatch, Toffoloni, and the landmark Zacchini v. Scripps-Howard "entire act" exception).
• Public Disclosure of Private Facts: Analyzed Department of Labor v. McConnell, Melvin v. Reid ("The Red Kimono"), Briscoe, and the dominant constitutional standard of Cox Broadcasting Corp. v. Cohn (public records doctrine), including exceptions like "morbid and sensational" details (Jackson v. Mayweather).
• Digital & Social Media Privacy: Examined "It Wasn't Public, It Was On My Facebook Page," detailing Patricia Sánchez Abril's six-factor social framework, the In re Facebook user profile litigations, and Stacey Steinberg's "sharenting" concept.
• False Light: Detailed the James Hill family hostage crisis in Time, Inc. v. Hill, the Warren Spahn biography case, Diane Zimmerman's scholar critiques, jurisdictional rejection, Gertz negligence tensions, and the modern role of false light in fighting AI-generated deepfakes.
• Intrusion Upon Solitude: A thorough analysis of Tompkins v. Cyr (targeted residential picketing/harassment vs. First Amendment), the debate of intrusion redundancy with intentional infliction of emotional distress (IIED), Hamberger, Lewis v. LeGrow, Shulman (rescue helicopter mic), investigative reporting boundaries (Desnick vs. Food Lion), and modern technological intrusions (smart-TV tracking, GPS trackers, and children's data collection).

The script is styled entirely as an engaging, interactive, and rigorous conversation between Claire Brooks (asking the highly targeted student/exam questions) and Oliver Hart (laying down the authoritative rules, facts, holdings, and reasoning of every case).

Torts II, Week 11- This episode will discuss the first part of Chapter 15 (Privacy) from the textbook Torts Cases and Materials, 6th Edition by Aaron D. Twerski et al.

This episode does a deep dive into 2 cases from Weeks 11 & 12 of Torts II. Jackson v. Mayweather, 10 Cal.App.5th 1240 (2017) and Welling v. Weinfeld, 113 Ohio St.3d 464, Supreme Court of Ohio (2007).

Torts II, Week 10 reading from Aaron D. Twerski et al., Torts Cases and Materials, 6th Edition. The Defamation discussion continues and there is a discussion of Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974).

Torts II, Week 9 reading from Aaron D. Twerski et al., Torts Cases and Materials, 6th Edition. The Defamation discussion continues and there is a discussion of NY Times v. Sullivan 376 U.S. 254 (1964).

Week 8, Torts II. This episode is about defamation and does a deep-dive on Coleman v. Grand, Susan B. Anthony List v. Dreihaus, and Unsworth v. Musk. It also discusses the Restatement (Second) of Torts Section 558 on Defamation.

Week 8, Torts II material. This episode is a deep dive discussion of the first part of Chapter 14 Defamation, from Aaron D. Twerski et al., Torts Cases and Materials, 6th Edition

Torts II, Week 7 supplemental reading from an unknown textbook. This episode is a deep dive analysis of the reading "Compensation systems as alternative to tort."