Professional Documents
Culture Documents
KINGSFORD PHARMACEUTICALS
2600 Eastern Beltway
Dallas, Texas 75225
214-668-9234
214-668-2349 FAX
Madeleine Leahu
Public Relations Director
214-668-9234
mleahu@kingsford.com
15 State Street
Atlanta, GA 33033
401-789-3000
401-789-4611 FAX
Madeleine Leahu
Public Relation Director
410-789-3000
mleahu@bellestar.com
Madeleine Leahu
Madeleine Leahu
Public Relations Director
To:
Dr. Swanson
From:
Madeleine Lengyel-Leahu
Subject:
Date:
While the U.S. Constitution does not guarantee a citizens right to privacy, communication law
does protect some areas of privacy. Matt Martinez, a Piney Woods Lumber Company employee,
filed a lawsuit against the company, Bob Burruss, and Jim Haskins under invasion of privacy and
publication of private facts. An article was published in the employee newspaper revealing
Martinezs previous alcohol problems, including his DUI and manslaughter conviction.
Martinez may feel illegal action was taken because his private information was obtained under
false pretenses. Previous articles published in the Piney Woods employee newspaper all
portrayed the subject employee by expressing their current interests and activities in a positive
light. This was not the case for Martinez.
Why Martinez filed a lawsuit
Both Burruss and Haskins encouraged the interviewed workers to speak openly and honestly by
assuring them confidentiality. Martinez relied upon this agreement, and therefore willingly
shared information that he would not have shared otherwise. Martinez gave consent to publish
the article under the pretense that his private information would remain private. Failure to uphold
this agreement ultimately resulted in a breach of contract.
Arguments for Martinezs lawsuit
Martinezs reason to sue would be to compensate for injuries he suffers to his reputation. The
stigma attached to being identified as a homicidal drunk is self-evident and would likely be
described as defamation. However, truth is an absolute defense in such cases. There were no
untrue statements published in the article.
Publication of private facts involves the disclosure of information that isnt newsworthy or part
of any public record. While Martinezs manslaughter conviction was found on file, it was found
on a personnel file, not on public record. It is possible that his criminal record could have been in
the public domain, but this was not made known in the case study.
Arguments against Martinezs lawsuit
Martinez will face many hurdles in his lawsuit. Any action for defamation will necessarily be
precluded by the proof that the article is in fact true. It can be argued that the article did not cause
injury to reputation as the article indeed praised his hard work and diligence to remaining sober
and moving forward. The article placed emphasis on Martinezs dedication to his job and his
exemplary skills at Piney Woods Lumber Company. Additionally, witnesses who read the article
and experienced the dramatic increase in productivity at Piney Woods could testify that they
actually think better of Matt because of the article.
Piney Woods Lumber Company could defend itself on the grounds that they could not be liable
for untrue statements. They did not commit intrusion, nor did they aid in appropriation. The
information included in the article was shared by Martinez and he granted permission to publish
the article in writing.