Cassandra is walking on a public sidewalk holding hands with her boyfriend, Ralph. Tommy Snapper, a media photographer, shoots a picture from across the street and publishes it on the Banner-Guardian website accompanying a story about downtown redevelopment. After seeing the photo, Ralph's wife divorces him. Ralph will likely recover damages from the website for which tort?

Question

Quizplus · Accepted Answer

The photograph was taken in a public place where Ralph had no reasonable expectation of privacy, making it unlikely for him to successfully claim intrusion. Since the photo was not used for advertising or commercial purposes directly tied to Ralph's image, commercial appropriation does not apply. Emotional distress might be a difficult claim to prove directly from the act of the photo being published in this context, especially since the photo was related to a news story about downtown redevelopment, not aimed at causing distress to Ralph.

Cassandra Is Walking on a Public Sidewalk Holding Hands with Her