DIAZ V. OAKLAND TRIBUNE, INC.
188 Cal.Rptr. 762 (1983)
NATURE OF THE CASE: This was a suit for public disclosure of private facts.
FACTS: Diaz (P) was a transsexual who had undergone corrective surgery in 1975. P kept
her secret from everyone but immediate family and close friends. P looked like and behaved
like a woman and was accepted by the public as a woman. P made changes in her permanent
records to reflect her new identity. Following surgery, P no longer suffered from
psychological difficulties and in 1975 she enrolled in Jr. College. Eventually P got heavily
involved with student government and made a charge of misuse of student funds as her
signature had been improperly rubber stamped on checks drawn from the associated students'
accounts. An article was printed in the Alameda Times Star. The paper eventually learned
that P was really a man and eventually that information was confirmed by public police
records as in 1970 P had been arrested for solicitation of an undercover police officer.
This fact was published and P suffered emotional distress. P sued D and D defended in that
the matter was newsworthy and hence constitutionally protected. The jury found for P and D
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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