False Light Invasion of Privacy
Trump, Hollywood, and a historic legal test of what the media can say about anyone -- including you
Just as Trump returns to the White House, a tactic he has used to try to crack down on the media is facing a historic legal test, and the media itself seems totally unaware. Today, legal expert Ben Zipursky joins me to explain why a lawsuit involving the New York Times and two Hollywood figures — Blake Lively and Justin Baldoni — could affect what the media is allowed to say about anyone, including you.
We discuss what “false light invasion of privacy” is and why it’s more significant than ever. (The media has been throwing around this term without any clue what it means.) Also, contrary to popular belief, why truth is not always a defense against defamation. You’ll hear about precedent-setting news coverage of the worst bridge accident in U.S. history and a woman who shot two people.
Meanwhile, with a few hostages taken from Israel returned as part of a cease-fire deal with Hamas terrorists, I share what I’m watching out for in the coverage, and a crucial distinction the media is failing to provide.
Plus, a new tool you can use to respond to major news outlets on social media, instantly, fact checking them. And I manage to sneak in a mention of Hercule Poirot, who never gave up until he got the truth. 😉
Do you find your work meaningful? In this episode, Clint Kofford of our sponsor Leaderworks discusses what it takes for businesses to build around meaning.
Some helpful links:
The Variety report a listener sent me and the NYT piece at issue
The legal paper on reconsidering false light invasion of privacy for the digital age, from my guest Ben Zipursky, who chairs ethics at Fordham Law, and John Goldberg, interim dean of Harvard Law
My latest op-ed on how we can all fight for truth:
Send reports you want me to look into! Paid subscribers can message me here. For everyone else, here’s a fantastic form.
I have events coming up in Atlanta (Feb. 6) and Albany, NY (Feb. 23). If you happen to be in either area, register to attend. For info on bookings and more: joshlevs.com.