negligent infliction of emotional distress (NIED)
1.Defendant acted intentionally or recklessly; and
2.Defendantís conduct was extreme and outrageous; and 3.Defendantís act is the
cause of the distress; and 4.Plaintiff suffers severe emotional distress as a
result of defendantís conduct.
Some general factors that will persuade that the conduct
was extreme and outrageous (1) there was a pattern of conduct, not just an
isolated incident; (2) the plaintiff was vulnerable and the defendant knew it;
(3) the defendant was in a position of power; (4) racial epithets were used; and
(5) the defendant owed the plaintiff a fiduciary duty.
Supreme Court ruled unanimously written by Judge William
Rehnquist concerning Hustler Magazine v Jerry Falwell
"At the heart of the First Amendment is the recognition
of the fundamental importance of the free flow of ideas and opinions on matters
of public interest and concern. The freedom to speak one's mind is not only an
aspect of individual liberty Ė and thus a good unto itself Ė but also is
essential to the common quest for truth and the vitality of society as a whole."
Supreme Court Judge Scalia wrote concerning Pope v
"Just as there is no use arguing about taste, there is
no use litigating about it."
Copyright May 2011, All rights reserved by Ted Whidden