There’s a whole lot going on in this letter, worthy for the 500th post to the Comm Law Blog. An attorney for Brad Pitt is threatening The Smoking Gun Web site with legal action if it publishes photos of Brad, Angelina Jolie and their new kids.
My question is what the privacy cause of action would be. Can’t be publication of private facts unless the photos are “shocking to the average person.” Can’t be intrusion, because The Smoking Gun didn’t actually intrude on Branjelina’s “reasonable expectation of privacy.”
Also, the lawyer threatens The Smoking Gun with legal action if it publishes the letter, which it has. The purported cause is copyright, which I think doesn’t fly because of Fair Use.
Would make a nice test question. By the way, you’ve got to love TSG’s headline.