Outline  Issue: Can Krista Warner survive summary judgment on her civil suit?

Krista is claiming invasion of privacy by public disclosure of private embarrassing facts.  Summary Judgment: Texas Rules of Civil Procedure; Krista needs to show evidence on all elements  Publicity given to private matters  Publicity  What are the parameters for publicity  What do the cases say?  False light claims?  Private Matters  What are private matters?  Not every publication of intimate or embarrassing information about an individual constitutes an invasion of a constitutionally protected zone of privacy.  Zones of privacy may be created by more specific constitutional guarantees and thereby impose limits upon government power.  Industrial:  SC: information protected by the public disclosure branch of the tort invasion of privacy must be confidential; or known to a limited few; not publicly disseminated  Examples from Industrial  Claims that may have been filed:  Injuries from sexual assault of a female clerk following an armed robbery; illegitimate children benefits after their father’s death; teacher’s pregnancy due to failure from contraceptive device; psychiatric treatment of mental disorders following workrelated injuries; injuries to sexual organs; injuries stemming from an attempted suicide; disability caused by physical or mental abuse by co-employees or supervisors  SC: at least some of these claims are of a nature that their publication would be highly offensive to a reasonable person.  False light claims?  Matters courts rule are not private  Matters known, matters of public record, matters in public view  Apply to KW  Martie’s Argument  Krista’s Argument  Holding  Publicity is highly offensive  Highly Offensive  Industrial Case and Star-Telegram Case  Apply to our case  Martie’s argument  Krista’s argument  Holding

 Publicity of matters that are of no legitimate public concern  Define Legitimate Public Concern  Cite Cases  Talk about Texas Cases concerning the news  Explain newsworthy test  Explain how it is not applicable  Martie’s Argument  Krista’s Argument  Holding  .