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Tallahassee, FL – Today the Florida Supreme Court ruled 5-0 that Florida law does not recognize claims for "false light invasion of privacy." The landmark ruling means that the media, churches, nonprofit groups, and individuals may publish truthful information about a person without fear of a lawsuit for placing the person in a "false light."

Liberty Counsel represents Jews for Jesus in Rapp v. Jews for Jesus. Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, argued the case before the Court on behalf of Jews for Jesus. Two justices who recently joined the Court did not participate.

The Court's opinion states that any benefit to recognizing the claim of false light is "outweighed by the danger of unreasonably impeding constitutionally protected speech." While truth is a defense to defamation, it is not always a defense to false light invasion of privacy. Claims for false light invasion of privacy have a detrimental impact on freedom of speech and of the press. The Court also noted that false light is similar to the claim of defamation, a tort already recognized in Florida. Defamation claims protect free speech rights by permitting truth as a defense and requiring that the statement damage the person's reputation or character. False light, on the other hand, would penalize even true statements that do not cause damage to a person's reputation or character.

The situation that is the subject of this lawsuit arose when Jews for Jesus sent a newsletter in July 2002 to its supporters and friends, in which Jews for Jesus missionary Bruce Rapp wrote in a "Praise Report" that his Jewish stepmother had "repeated the sinner's prayer with me – praise God!" The newsletter also contained a prayer request for "grace and strength for new Jewish believer Edie and salvation for her husband, Marty." After her husband's death, Edith Rapp (Edie) sued Jews for Jesus for printing the information about her.

When the trial court dismissed all of the claims raised in the lawsuit against Jews for Jesus, including the claim for false light, Rapp appealed. The appeals court asked the Florida Supreme Court to answer the question of whether false light invasion of privacy is recognized in Florida. Since the answer is "no," the case will now return to the appeals court for further proceedings.

Mathew D. Staver, Founder of Liberty Counsel and Dean of Liberty University School of Law, commented: "False light invasion of privacy claims hang over the neck of publishers like Damocles' sword. Rejecting false light invasion of privacy is a landmark decision for free speech. The First Amendment needs breathing room. False light invasion of privacy claims choke the First Amendment. To remain alive and well, speech needs to be free and robust. To allow one person to silence another, merely because truthful words offend, would result in no freedom at all."

Read the Court's Opinion [in PDF]