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I doubt any mother speaks in as explicit detail as I have.” The author added: “I put an emphasis on having sex only with your spouse but having the full range of sexual experiences with that spouse.
“Islamically, there’s an emphasis on enjoying physical relationships within the context of marriage, not just for procreation.
These states indicate that defamation protects a person's public reputation while false light remedies the victim of a false statement for his or her emotional distress.
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For instance, an article about sex offenders illustrated with a stock photograph of an individual who is not, in fact, a sex offender could give rise to a false light claim, even if the article and photo caption never make the explicit false statement (i.e., identifying the person in the photo as a sex offender) that would support a defamation claim.
Several states view false light as more narrow than defamation in certain respects -- that is, someone might be able to sue for defamation but not false light.
For instance, false light requires broad publication to many people, while a defamatory statement could be made to only a few people.
Some states note that false light requires the statement in question to be highly offensive to a reasonable person, while defamation does not require offensiveness so long as the statement actually harmed the reputation of the plaintiff.
Accordingly, you should review your individual state section listed at the bottom of this page for specific information about your state.
Generally speaking, a false light claim requires the following: See Restatement (Second) of Torts § 652E.
In fact, a number of states do not recognize false light claims at all because of the overlap with defamation and because the vague nature of the tort might chill free speech.
Several states that allow both false light claims and defamation claims differentiate the two by saying they protect people against different harms flowing from false statements.
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