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Ace Is a Reporter for WGET-TV, Preparing a Series of Reports

Question 60

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Ace is a reporter for WGET-TV, preparing a series of reports on professors at Go University. Ace hears that art professor Michael Montage is suspected of selling drugs to students. While searching police and court files to see if Montage has a criminal record, Ace runs across an unsealed, two-year-old divorce file. In the file, Ace learns that Montage was divorced two years ago. Ace also learns in the divorce file that Montage was sexually molested by a neighbor when he was a child.
By coincidence, police with a search warrant raid Professor Montage's house in the evening, just as Ace is walking to his nearby apartment. When Ace shows police his reporter's credentials, police invite him on the raid. As the raid begins, Montage stands at the door to his house, shielding his eyes from the lights of Ace's camera, and yells: "Keep Out." Nevertheless, Ace follows police through the house. No drugs are found, but police seize several videos that appear to be pornographic.
Later that night, WGET runs several promos: "A Drug Raid at Professor's House; Details at 11," says one promo. A two-second clip of the raid is included in the promo. At 11 p.m., WGET runs a two-minute story about the raid, including ACE's footage from inside the house. Ace reports that police found no drugs, but police think they confiscated obscene material. With great solemnity, Ace adds, "Sadly, Montage himself was sexually molested when he was a boy, court records reveal."
Montage sues Ace and WGET for several torts and a violation of his Fourth Amendment rights. Explain whether you think Montage might recover damages for any of the following claims. Cite cases where appropriate.
l. Disclosure of private facts for revelation of the childhood molestation.
2. Trespass and intrusion for entry with police during the raid.
3. Violation of the Fourth Amendment for participating in an illegal search and seizure.
4. Commercial appropriation of Montage's identity in the news program and the broadcast promotion before the 11 p.m. news.

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