ABSTRACT
Overview As part of the discussion of the incitement standard in chapter 4 we introduced some concepts of basic tort law. Here we expand those concepts and explain the specific torts that are traditionally called communication torts. Defamation, private facts, false light, appropriation, and intrusion are often called the communication torts because they are the civil legal actions most often pursued by private citizens who feel they have been wronged by journalists, advertisers, public relations practitioners, and photographers. Defamation has a long history that has evolved from English common law. Private facts, false light, appropriation, and intrusion appeared as causes of actions for the first time in the late 19th century and are often referred to as modern communication torts? Of course, what is "modern" is relative. Both case law and statutes describing the modern communication torts have been evolving for more than 100 years. Defamation law is the amalgamation of centuries of common law, U.S. Constitutional interpretation, and individual state laws. It is, therefore, extraordinarily complex. Some legal scholars argue that defamation is virtually useless as a means of protecting private citizens who are wronged by sloppy or dishonest media coverage.3 These same scholars often argue defamation is less important than privacy because defamation laws only protect individual citizens, whereas privacy laws protect the entire society against intrusions by government and media.4 Despite these arguments, we begin with an
explanation of defamation because we believe understanding the basic concept of defamation provides a good foundation for an explanation of more modern communication torts.
