Invasion of Privacy Read Free Page B

come of finishing and distributing this film."
    Milne’s pen scratched over a pad. Nina turned to gauge the reactions of Riesner’s clients to his statement. He turned his head to the side. For an instant their eyes met.
    Terry elbowed Nina. "How’s he doing?" she whispered, indicating Riesner.
    "Fair to middling. We’re up soon," Nina muttered back as Riesner began again, his tone now soft, intimate.
    "To rush on to the applicable law, Your Honor. It is the plaintiffs’ burden to show that there is a substantial likelihood they will prevail at the time of the hearing on the permanent injunction. The other legal requirements are briefed in our points and authorities. At this time I would like to discuss the tort of invasion of privacy.
    "The law provides that the plaintiffs may prevent the public disclosure of private facts which are offensive and objectionable to a reasonable person. The court has declarations affirming that the plaintiffs in this case are deeply offended. They object strongly enough to have entered into this lawsuit and to have retained the best possible counsel." He cleared his throat so that the words had time to register with the judge. "It is not necessary to show these matters are false, Your Honor, only that they are private.
    "Second, plaintiffs’ privacy rights are violated by publicity that places a person in a false light in the public eye. It is easy in editing hours and hours of raw film footage to twist true facts into a false picture, Your Honor, and that is what the defendant has done.
    "As Justice Stanley Mosk stated in his concurring opinion in the Lugosi case, cited in our brief, quoting Prosser, ’The gist of the cause of action in a privacy case is ... a direct wrong of a personal character resulting in injury to the feelings.... The injury is mental and subjective. It impairs the mental peace and comfort of the person and may cause suffering much more acute than that caused by bodily injury.’ "
    Milne heaved a restive sigh to let Riesner know his patience had worn away.
    "The film in question, Where Is Tamara Sweet?, is going to have just such an effect on the plaintiffs, Your Honor. Private facts are cavalierly and callously disclosed. A false, indeed, a coarse light is cast over their lives. The facts have been twisted and will be passed on to the public so the defendant can profit from my clients’ misery....’’
    Riesner’s gestures had become wide and expansive, his voice louder and louder as he upped the drama. Listeners anticipated the grand finale, and sat up straight to see better. Nina waited for him to go over the top, as he always did, usually to the delight of juries.
    "The defendant’s perverted take on the story of Tamara Sweet is designed to play down to a similarly voyeuristic and prurient audience. She’s a sick opportunist with a crude goal: to make big bucks at other people’s expense.
    "Do the right thing, Your Honor. Tell Peeping Terry she’s looked through the wrong window.
    "Tell her it’s curtains for her and her sick little film."
    Silence in the court. The only smiles came from the middle of the room where the Sweets sat, holding hands. Milne wiped his glasses on his robe, rubbing his eyes before putting them back on. Nina knew he had a criminal trial resuming at eleven-thirty. He had no time for wordplay. She felt the weight of the crushing time pressure caused by too many cases and too few judges, which made attorneys forget their best points and judges miss the ones they remembered to say.
    "Ms. Reilly? Would you care to respond?" Milne was saying. She picked up her notes, gulping the dry air, as the courtroom waited for the first words to issue forth from her empty mind. Up you go....
    "Just a few brief points, Your Honor. Let me first introduce my client, Theresa London." The judge gravely inclined his head. Terry also nodded, as Nina had coached her to do, and sat back down gracefully.
    "Opposing counsel’s bombast aside, Your Honor,