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Dietemann v. Time, Inc.

United States Court of Appeals for the Ninth Circuit
449 F.2d 245 (1971)


Facts

Dietemann (plaintiff) used clay, minerals, and herbs to heal people out of his home. Dietemann was not a licensed doctor. Jackie Metcalf and William Ray were reporters for Life Magazine (Life), which was owned by Time, Inc. (Time) (defendant). Metcalf and Ray went to Dietemann’s house and gained entry by pretending that a friend had sent them. Metcalf requested that Dietemann examine her, and Dietemann agreed. Without Dietemann’s consent, Ray used a hidden camera to take pictures of Dietemann while he was examining Metcalf. In addition, the Life employees recorded their conversation with Dietemann by using a tape recorder hidden in Metcalf’s purse. Life published one of the pictures taken and discussed the recorded conversation in an article entitled “Crackdown on Quackery.” Dietemann brought suit for invasion of privacy. The district court found in favor of Dietemann and awarded him damages of $1,000. Time appealed.

Rule of Law

Issue

Holding and Reasoning (Hufstedler, J.)

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