Hypothetical: Jill's ex-husband, Mark, has sent Jill a number of threatening e-mail messages. . Jill has found out that her ex-husband has also maliciously posted her personal information, including her social security number, name, home address, email address, cell phone number, and bra size on sadomasochistic websites. Mark has also used morphing technology to superimpose Jill's face on
pornographic images and videos on websites maintained by a third party website operator. Mark is upset because Jill committed adultery during their marriage. What are the strongest potential torts for Jill in a suit against Mark and a third party website operator? What defenses could Mark and the third party website operator assert?
What will be an ideal response?
Jill could bring an action for intentional infliction of emotional distress and invasion of privacy for false light and public disclosure of private facts. The third party website operator could claim a defense under section 230 of the Communication Decency Act. Mark and the third party website operator could also potentially claim a First Amendment right.
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