Defendant newspaper published an advertisement containing a picture of plaintiff, a radio artist, in a bathing suit, under the mistaken belief that it was a picture of a member of a vaudeville troupe whose name appeared in the advertisement, and who was described as an "exotic red-haired Venus" who endorsed a certain brand of whole-wheat bread as a means of "keeping that sylph-like figure." Plaintiff alleged that the vaudeville act was a "sensual performance or sex parade" and was composed of the "cheapest class of chorus girls." Held, that the advertisement was an invasion of plaintiff's right of privacy but was not ground for an action for libel. In the absence of proof of special damages however, only nominal damages could be recovered on the first cause of action. Flake v. Greensboro News Co., 212 N. C. 780, 195 S. E. 55 (1938).
James W. Mehaffy,
TORTS - UNAUTHORIZED PUBLICATION OF PHOTOGRAPH - INVASION OF RIGHT OF PRIVACY,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol37/iss1/22