MC 4163 — SECOND EXAM STUDY GUIDE:

False Light

 
Know the legal DEFINITION, the DEFENSES against such a claim, the appropriate COURT CASES, and how each is treated under OKLAHOMA LAW.

 

• Why have the North Carolina Supreme Court and other state courts rejected this tort?
   
  
• Why did the Oklahoma Supreme Court adopt this tort?
   
  
• According to the Oklahoma Supreme Court, what is the difference between libel and false light?
   
  
• To recover for false light, what must the plaintiff prove?
   
  
• Under Oklahoma law, is truth an absolute defense against a false light claim?
   
  
• Has the Oklahoma Supreme Court articulated what constitutes a "highly offensive" depiction or statement"?
   
  
• Are all false statements considered "highly offensive"? If not, which would be in Oklahoma?
   
  
• Is a "reasonable person" or "hypersensitive person" standard used in Oklahoma?
   
  
• Can a false light claim be premised only on mere harm to one's feelings?
   
  
• What standard of fault must the plaintiff prove to win a false light claim in Oklahoma?
   
  
• What determines if a statement made to a group constitutes publicity in Oklahoma?
   
  
• What is the statute of limitations for a filing a false light claim in Oklahoma?
   
  
• Why do television and motion picture companies who plan to portray a person buy the rights to the story from that person and others in the story? What do those people give up by signing the contract?
   
  
• When a false light lawsuit results from the use of a real name in a novel, feature film or TV show, what does the court's decision usually rest upon?
   
  
• Will a disclaimer stating the work is fictional ward off a false light lawsuit? Why?
   
  
• How can unrelated pictures used to illustrate a story create a false light? What is the simple rule for publishers and broadcasters to avoid false light claims in these situations?
   
  

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