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8 Ent. & Sports Law. 1 (1990-1991)
Crossing the Line: Television Entertainers and Intentional Infliction of Emotional Distress

handle is hein.journals/entspl8 and id is 25 raw text is: -I Pr TEE ENTERTAINMEE I;i AND SPORTS LAW1 Publication of the ABA Forum on the Entertainment and Sports Industries Volume 8, Number 2, Summer 1990 Crossing the Line: Television Entertainers and Intentional Infliction of Emotional Distress Mark J. Markus I. INTRODUCTION What do Johnny Carson, Geraldo Rivera, Joan Riv- ers, Morton Downey, Jr., and David Letterman have in common? They all use the most pervasive form of media to deliver their messages and entertainment to the public. Their speech is protected, to a greater or lesser degree by current tort law and first amend- ment interpretations, depending upon the person to whom their speech is directed, whether the speech is in any way humor-based, whether the words de- scribe actual facts about the subject of their speech, and whether their speech is of public concern.' Current constitutional and tort law properly give such personalities broad latitude in their freedom of speech. Sometimes, however, their speech crosses the fine line between the first amendment guarantee of free speech and a state's right to protect its citizens from various tortious injuries. Lawsuits for such re- sultant injuries have traditionally been filed under the torts of defamation, invasion of privacy, and in- Illustration by Richard Laurent IT 'ER

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