Eposito Case
MGMT 520
Assignment: Esposito-Hilder vs. SFX case questions
1. What is the most “jealously” protected kind of speech, according to the court in this case?
The most jealously protected speech is that which advances the free, uninhibited flow of ideas and opinions on matters of public interest and concern; that which is addressed to matters of private concern, or focuses upon persons who are not "public figures", is less stringently protected. (Esposito-Hilder v SFX Broadcasting, Inc., 2007)
2. What court decided the case in the assignment?
THE SUPREME COURT OF NEW YORK
3. Briefly state the facts of this case, using the information found in the case in LexisNexis. The facts in the case state that... (A)That she did put her wedding picture in the Newspaper. (B)That She does work for a competitor radio broadcasting station. (C SFX routinely has an “Ugliest Bride” Contest (D)They did release identification of the plaintiff, although that was prohibited. (E) It caused the plaintiff embarrassment and emotional Distress.
(F)Comedic expression does not receive absolute U.S. Const. amend. I protection.
Instead, it can be actionable where humor is used in an attempt to disguise an attempt to injure.
4. According to the case, why was this not defamation, and what tort did the court approve a filing for? According to the case, defamation was not found because “Defendants ' conduct, although not actionable as defamation by reason of being an expression of opinion, may nonetheless be the subject of an action for intentional infliction of emotional distress under the unique factual circumstances in this case, where the aggrieved party is a private individual rather than a "public figure", where the nature of the communications made by defendants involved a matter of virtually no "public interest", where there is an inference that defendants ' conduct
Assignment: Esposito-Hilder vs. SFX case questions
1. What is the most “jealously” protected kind of speech, according to the court in this case?
The most jealously protected speech is that which advances the free, uninhibited flow of ideas and opinions on matters of public interest and concern; that which is addressed to matters of private concern, or focuses upon persons who are not "public figures", is less stringently protected. (Esposito-Hilder v SFX Broadcasting, Inc., 2007)
2. What court decided the case in the assignment?
THE SUPREME COURT OF NEW YORK
3. Briefly state the facts of this case, using the information found in the case in LexisNexis. The facts in the case state that... (A)That she did put her wedding picture in the Newspaper. (B)That She does work for a competitor radio broadcasting station. (C SFX routinely has an “Ugliest Bride” Contest (D)They did release identification of the plaintiff, although that was prohibited. (E) It caused the plaintiff embarrassment and emotional Distress.
(F)Comedic expression does not receive absolute U.S. Const. amend. I protection.
Instead, it can be actionable where humor is used in an attempt to disguise an attempt to injure.
4. According to the case, why was this not defamation, and what tort did the court approve a filing for? According to the case, defamation was not found because “Defendants ' conduct, although not actionable as defamation by reason of being an expression of opinion, may nonetheless be the subject of an action for intentional infliction of emotional distress under the unique factual circumstances in this case, where the aggrieved party is a private individual rather than a "public figure", where the nature of the communications made by defendants involved a matter of virtually no "public interest", where there is an inference that defendants ' conduct
References: Esposito-Hilder v SFX Broadcasting, Inc., 665 N.Y.S.2d 697 (1997)