False Light Invasion of Privacy

In an October 23, 2008 ruling, the Florida Supreme Court addressed the certified question: “Does Florida recognize the tort of false light invasion of privacy[?]” Jews for Jesus, Inc. v. Rapp, 2008 WL 4659374, 1, 33 Fla. L. Weekly S849 (Fla. Oct. 23, 2008). The Court answered in the negative, stating: “Because we conclude that false light is largely duplicative of existing torts, but without the attendant protections of the First Amendment, we decline to recognize the tort.” Id., see also Spechler v. Tobin, 2008 WL 5191101, 10 (S.D. Fla. Dec. 10, 2008) (Applying Rapp to dismiss Plaintiff’s claim for false light invasion of privacy).

The Florida Supreme Court has also rejected the argument that the Court “cannot retroactively abolish the cause of action [false light invasion of privacy].” Anderson v. Garnett Co., Inc., 2008 WL 4659368, 2, 33 Fla. L. Weekly S856 (Fla. Oct. 23, 2008). Explaining its decision in Rapp, the Court stated: “Our decision in Rapp did not retroactively abolish a cause of action for false light, but rather concluded that false light should not be recognized as a common law tort.” Id.