Re: Jilted ex-boyfriend puts up abortion billboard - free speech or invasion of priva
She can, and probably will, sue under the tort of Public Disclosure of a Private Fact--aka invasion of privacy. From the facts I've been able to glean from the court record, she has a very good chance of obtaining a judgment. Collecting on the judgment, of course, is another matter.
Originally Posted by Kid Lester
Winning a case based on defamation or libel is tough--virtually impossible for public figures--because the plaintiff must prove an intent to defame and that some degree of defamation actually occurred. As well, truth is always a defense to such suits.
However, for non-public figures, it's foolish to sue for defamation or libel when they can sue for the publication of a private fact. And, unlike defamation/libel suits, truth is NOT a defense.
Even if the pessimists are right, in the end, the optimists will have had a much more enjoyable trip through life.