Questions on Burton

Many questions and comments from Gerard's post on Burton:

1) Did Hand include the photo in the opinion? And how does that change how we litigate, decide, teach, and think about cases when it unquestionably would be in modern technology?

2) Would the case come out the same way post-Sullivan?

3) Did Crowell try to argue that the optical illusion did not damage but, in fact, enhanced (sorry) Burton's reputation? Would that argument fly more in 2025 than 1936?

4) This is what the tort of false light was designed to reach--false but not negative or disparaging speech.

5) I agree that defamation is more relevant than it was a decade ago, for unfortunate reasons.

6) Do you have any fear for bad student reaction to a case that has sexual overtones and is titillating in a Beavis-and-Butthead sort of way. I tend to ignore such things. But I know other profs take a different approach.