Julie Lewis, a reporter at online tabloidmagazineZMT, receives a tip from an anonymous source

via encrypted email from a hidden account. In the email, the anonymous source writes that A-

list actor Donny Kepp is having an affair with a college-aged girl, even though he and his wife

just celebrated their 20^th wedding anniversary in an over-the-top vow renewal ceremony (which

was also covered extensively onZMT). Julie has not been able to trace the email and she has not

asked the anonymous source to meet on the phone, on Zoomor in person to discuss the

allegations about Donny Kepp's affair. Julie knows that best practice is to verify these types of

salacious stories, but she is worried that she will blow the opportunity to break an exclusive

story. Julie is up for a big promotion and this is just the story she needs to rise in the ranks.

Julie calls Fred Brown, a paparazzo (or, as Fred prefers to call himself, a tactical celebrity

photographer) with whom she has worked before. On the call, Julie tells Fred about the tip she

has received and explains that what she really needs for the story is a photograph of Donny

caught in the act.Julie explains that the anonymous source told her that Donny, who usually

splits his time between New York City and Europe with his wife and kids, is in Palm Springs for

a yoga and meditation retreat and that his lover will be joining himfor a tryst. Fred agrees to see

if he can capture any evidence of the affair for Julie andZMT.

Fred stakes out the private villa where Donny is staying. Using a telescopic lens, Fred takes a

photographs of Donny changing in his bedroom and tanning naked in the backyard. On the

evening before Donny's scheduled departure, Fred uses a telescopic lens and night vision camera

to take a series of photographs showing a dark-haired girl arrive at the villa; Donny greet her at

the door with a hug and a kiss on the cheek; the girl helping Donny take off his clothes in the

bedroom; Donny and the girl getting in the hot tub, embracing and eventually taking off their

bathing suits, and the two walking back inside the house with robes on, holding hands.

Fred sends the photos to Julie. Although Fred took a series of photographs, the girl's face is not

clearly visible in any of them. Julie is shocked that Donny Kepp is pictured in such intimate

positions with someone who is clearly not his wife (who is a blonde). With the photographs

apparently confirming the information she received from the anonymoustipster, Julie goes to her

editor with the story and he agrees to publish it onZMT with the headlineBOMBSHELL:

Donny Kepp's romantic desert tryst with sexy brunette co-ed. The story goes viral within an

hour and is republished all over the Internet.

The only problem? Donny Kepp isnot having an affair. In fact, his relationship with his wife

has never been better.The "co-ed" who visited himwas actually his wife disguised in costume

(including a brunette wig) so that they could keep a low profile and enjoy a private rendezvous

away from cameras and fans. The falseZMTarticle about his supposed infidelity and the

misleading photographs are causing Kepp and his wife anxiety and humiliation, and is negatively

impacting their children.Kepp has also lost at least one movie deal because of the negative

publicity surrounding his alleged affair.

(i) What legal claims does Donny Kepp have against Julie Lewis?Fred Brown? ZMT?

Consider privacy torts, the California Paparazzi Act and defamation. Besure to

identify strengths and weaknesses in his potential claims.

(ii) Is Donny Kepp an all-purpose or limited-purpose public figure? Why?

(iii) Can DonnyKepp prove that Julie Lewis acted with actual or constitutional malice?

Why or why not?

(iv) Can any of the potential defendants characterize their conduct as "protected activity"

under the California anti-SLAPP statute? Why?

(v) What policies would you suggestZMTadopt to prevent this type of controversy in the

future?