Ohio Supreme Court Recognizes New Privacy Protections

From their decision issued today.

Scott A. Pullins, Esq.
Publisher,
The Pullins Report

June 6, 2007) The Supreme Court of Ohio today for the first time recognized the right to sue for damages in cases where an individual's right to privacy has been violated by publicity that portrays the person in a “false light.”

In a 5-2 decision authored by Justice Paul E. Pfeifer, the Court remanded a dispute between neighboring Stark County landowners to the trial court with instructions to consider whether one of the disputants invaded the privacy of her neighbors not only by aiming floodlights and security cameras at their property, but also by posting handbills regarding alleged vandalism of her property at the neighbors' place of employment and their childrens' school.

“In Ohio, one who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy if (a) the false light in which the other was placed would be highly offensive to a reasonable person, and (b) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed,” Justice Pfeifer wrote in the majority opinion.

Joining Justice Pfeifer in the majority were Chief Justice Thomas J. Moyer, Justices Evelyn Lundberg Stratton and Terrence O'Donnell and Judge James L. Sweeney of the 8th District Court of Appeals, who sat by assignment in place of former Justice Alice Robie Resnick, who did not participate in the case. Justice Robert R. Cupp, whose term of office began on Jan. 2, 2007, did not participate in the case. Justices Maureen O'Connor and Judith Ann Lanzinger dissented without written opinion and indicated that they would have dismissed the case as having been improvidently allowed.


 

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