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James and Robert Dunleavy, two social media provocateurs, decide to hold an ugly bride contest. The goal is to select the ugliest bride based upon

James and Robert Dunleavy, two social media provocateurs, decide to hold an ugly bride contest. The goal is to select the ugliest bride based upon the submission of wedding photos culled from the announcement and society pages of various newspapers. James and Robert post the contest instructions on Facebook and ask their members to nominate "brides" by submitting the newspaper photo. The ultimate winner will be chosen based upon the response to the photo and the comments posted under each photo. Unbeknownst to Martha Milly, her picture was submitted as a contestant and she was ultimately chosen the winner. In addition to the mean, hurtful, and offensive comments that were made under Ms. Milly's picture, when she won, the announcement was chalk full of hurtful, misogynistic commentary about her physical attributes. The contest was brought to Ms. Milly's attention about two weeks after her picture was named the winner. When Ms. Milly visited the page, she was horrified. Ms. Milly went into a deep depression, couldn't sleep or eat, and had to take a leave of absence from her job. Her suffering became more severe when she demanded that James and Robert take the contest page down and they refused. Ultimately, Facebook took the page down as it violated their community standards, but the damage was already done. Everyone Ms. Milly knew had seen the contest page and she was suffering horribly because of it. Her close friends tried to console her, of course, but everywhere she went, Ms. Milly was sure that people recognized her as "the ugly bride" and were talking about her. Her depression and anxiety continued, she lost weight, and eventually took 18 months off work to participate in therapy and allow the entire episode to fade into the background. Ms. Milly would like to file suit against James and Robert for intentional infliction of emotional distress. What does she need to prove to succeed, and do you think she has a supportable claim? (Please note that the Communications Decency Act prevents Facebook from being held liable for the posts of its users, so there is no need to discuss it as a potential issue)

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