Marsden Threatened Rob Jr. with Being Thrown to Hell Research Paper

Marsden Threatened Rob Jr. with Being Thrown to Hell - Research Paper ExampleThe tort of learned pain in the neck of emotional distress has three elements outrageous conduct by the tortfeasor conduct that causes severe psychological anguish in the victim and the cordial anguish suffered by the victim because of such behavior. On the other hand, reckless infliction of emotional distress shares all the other elements as the intentional casing except that there was no intent to cause the distress (Buckley 130). The element of outrageous conduct refers to behavior that is so outlandish or highly distasteful as to result in the emotional distress of the victim. An example would be the case of Clifford v Hollander 6 Media L. Rep. (BNA) 2201 (NY Civ CT 1980) where the defendant published a painting in a pornographic magazine and deliberately incorrectly identified it as the plaintiff, who was a freelance journalist. As a result, the plaintiff received raunchy telephone calls from ob viously disturbed individuals. In another case, Martin v Municipal Publications, 510 F. Supp. 255, 259 (ED Pa 1981), the defendant published a picture which he labeled as closet transvestites who got stinking drunk. In both cases, the court ruled that the actions of the defendants can be classified as outrageous. It is also important that in intentional infliction of emotional distress, the plaintiff should be able to prove that the conduct of the defendant was intentional and that he so behaved deliberately so as to cause mental anguish on the victim. In some cases, this element came into conflict with the First Amendment freedom of speech as what happened in the celebrated case of Hustler snip v Falwell 485 US 46 (1988), where a Protestant Minister brought an action against Hustler Magazine, which, as a parody, featured him as having an incestuous rendezvous with his fetch in an outhouse. The Court turned down the plaintiffsargument on the ground that he was a public figure and therefore as such may not sue for intentional infliction of emotional distress unless he can prove its falsity or that it was done in reckless disregard for the truth.