PRIVACY, DEFAMATION & OTHER RELATIONAL TORTS
FINAL EXAMINATION
PROFESSOR COOPER
SPRING 2004
Wednesday May 5

General Instructions
1. You have three (3) hours to complete this exam.

2. This is a closed book exam.

3. This exam contains two parts:

· Part I consists of 20 multiple-choice questions. You have one (1) hour to complete Part I. Correct multiple choice answers are to be marked on the separate “ParSCORE TEST FORM” using pen or pencil and following the instructions on that form. If you change your answer, place a clear X through the wrong answer and mark the correct answer. A machine will score the exam and any ambiguities will be counted as a wrong answer. The questions for Part I, and the ParSCORE form must be returned to the exam envelope at the end of one hour. If you finish Part I early, you may move on to Part II. Once you have moved onto Part II you may no longer access Part I.

· Part II consists of two (2) essay questions. The recommended time for each essay question is one (1) hour. You may begin the essay portion as soon as you have returned Part I to your exam envelope.

4. Answer Part II (Essay) in blue books or type your answer. If writing in blue books, write on every other line and on one side of each page. Please write legibly. I will not give you credit for words I cannot read.

5. The multiple-choice section and each essay question are of approximately equal weight – each section counts for 1/3 of the total points of the exam.

6. Unless the question indicates otherwise, answer using tort principles of general application, including discussion of any applicable split of authority.

7. A complete discussion of an essay question requires consideration of potentially applicable privileges or defenses, if any.

8. Write your exam number on your exam envelope. Please put your student exam number at the top of this page, each page of essay questions, each Blue Book, and on the Par SCORE test form. Do not use your name, student ID number, or Social Security Number on any exam materials.

9. At the conclusion of the exam, return all test materials, including blue books, scratch paper, the ParSCORE answer sheet and this exam packet to the envelope and submit it to the proctor. Do not seal the envelope. Students who do not return all exam materials at the end of the exam may not be graded.

Good luck. Thank you for a wonderful class. Enjoy your summer!

PRIVACY, DEFAMATION & OTHER RELATIONAL TORTS
PART II: ESSAY

QUESTION ONE
(One Hour Suggested)

Buzz! a national magazine, recently included the following item in its Scene and Seen column:

Opposites Attract...! The daughter of well-known Conservative Coalition activist Reverend Eileen Tudor-Wright was seen getting cozy at lunch with the notorious Bad Boy of Rap, Why-n-Zee, at the very romantic Seaside Inn. Looks like the Rev=s daughter, a former beauty queen and one-time spokesperson for the Rev=s traditional values group, Celibacy First: Girls Against Sexual Promiscuity (known as GASP) might have decided that celibacy is second after all. No comment from the Rev, who most certainly would not approve. Gasp, indeed!

Rev. Tudor-Wright's 25 year old daughter, Chastity Wright, was at the Seaside Inn at the same time as Why-n-Zee. Her only contact with the rapper, however, consisted of walking over to him while he ate lunch alone at the Inn=s restaurant, sitting down next to him to lecture him about his "disgusting" songs and videos. After speaking with Why-n-Zee, Chastity continued with her business at the Seaside Inn B having lunch and planning for her upcoming wedding to the nationally syndicated conservative radio talk show host, Reilly Savage. Chastity currently works as a sales representative for a pharmaceutical company and stays out of the public eye, notwithstanding her engagement to Savage. Three years ago, she made public appearances competing in and winning the AMiss Anystate@ pageant. While in college (at ages 18-22), Chastity served as national spokesperson for the college chapters of GASP and appeared with her mother annually at the Conservative Coalition's National Convention. Eileen Tudor-Wright, Chastity's mother, is a well-known, outspoken conservative advocate who often appears in the media addressing issues of morality and family values.

Columnist Liza Pryor writes Scene and Seen. For two years, Justin A. Moment, the manager of the Seaside Inn, has provided information to Pryor. In turn Pryor has paid him for providing leads for the column. Moment had telephoned Pryor to inform her that "Rev. Eileen's daughter is with Why-n-Zee at the restaurant. It's just the two of them at the table, and they're looking pretty cozy." Moment, who recently had hit a personal financial crisis, reported the information to Pryor with hopes of payment for a delicious lead. After all, thought Moment, the statement was basically true. Usually, Pryor would have followed up with questions. But because of a looming deadline and Moment=s past reliability, she wrote the column without asking further questions.

Your firm represents Chastity Wright. The senior partner has asked for your analysis of Chastity's potential defamation claim against Buzz! Your analysis must include your assessment of whether the firm should proceed with the case.

QUESTION TWO
(One Hour Suggested)

While on vacation with his girlfriend during spring break, Cody Fence, a professor of criminal law and criminal procedure at Pardy Law School (PLS), participated in a "Handsome Hunk" modeling contest at a nightclub in Resort Town, more than one thousand miles away from PLS. The contest took place in a private room at the nightclub, with attendance by "invitation only." While participating in the contest, Fence removed his shirt and posed for those in attendance. Unknown to Fence, Wayne DeBac, a PLS student, was spending spring break in Resort Town and had received an invitation to attend the "Handsome Hunk" contest. Not only was DeBac in attendance, he also was taking photos and shooting video. Fence did not see DeBac and did not expect that anyone who knew him B other than his girlfriend B was present.

DeBac was the chair for the public interest fundraising auction at PLS. When he returned from spring break, he printed posters and reproduced copies of the video of Fence from the contest - with the title "Professor Hunk!" - and put them up for bid at the public interest auction. The Professor Hunk items were immensely popular, garnering huge bids from students and faculty and raising substantial sums to support the work of PLS students who took public interest jobs. Although this was for a good cause, Fence was upset, and he suffered a great deal of embarrassment.

DeBac, on the other hand, was thrilled with the popularity of the "Professor Hunk" items. With his fellow students clamoring for more of "Professor Hunk," DeBac decided to create a "reality website" featuring "The Life and Times of Professor Hunk." DeBac hid a video camera in his baseball cap and secretly taped Fence during his classes, in the halls at PLS, and in Fence's office during office hours. DeBac later made the video available on his website, much to the delight of students, and to the dismay of Professor Fence. At the semester's end, DeBac coincidentally - perhaps - received a "D" in Fence's criminal procedure class.

At the end of the school year, Fence decided it was time to leave PLS. He applied for a job at Big Time University Law School (BTU), hoping to get away from the embarrassing situation at PLS. After a successful series of interviews, including an on-campus visit and scholarly presentation, Fence was nearly certain he would get the BTU job. In fact, the chair of the BTU Appointments Committee (Committee) told Fence he was their first choice. The Committee included a student member, Donna Askme , who happened to be a friend of DeBac. When Askme called DeBac for the student perspective on Fence, DeBac said: "That [vulgar epithet] gave me a D in crim pro! Wait until your committee sees the stuff I have on him!" DeBac sent the posters, video and website downloads of "Professor Hunk" to Askme, and she passed them along to the rest of the Committee. Shortly thereafter, Fence received a letter advising him that the Committee had selected another applicant for the position.

Discuss Fence's relational tort claims against DeBac, including the likely outcome of each.

END OF EXAM