Wandt V. Hearst's Chicago American
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''Wandt v. Hearst's Chicago American'',129 Wis. 419, 109 NW 70 (1906), was a
Wisconsin Supreme Court The Wisconsin Supreme Court is the Supreme court, highest and final court of appeals in the state judicial system of the U.S. state of Wisconsin. In addition to hearing appeals of lower Wisconsin court decisions, the Wisconsin Supreme Court also ...
case wherein the court ruled that a photographic association could be construed as
defamation Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
or
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
. The ''
Chicago American The ''Chicago American'' was an American newspaper published in Chicago under various names from 1900 until its dissolution in 1975. Its afternoon publication was known as the ''Chicago American'', while its evening publication was known as the ...
'' ran a picture next to an article about a person who repeatedly attempted
suicide Suicide is the act of intentionally causing one's own death. Risk factors for suicide include mental disorders, physical disorders, and substance abuse. Some suicides are impulsive acts driven by stress (such as from financial or ac ...
. Although it wasn't explicit that the picture was of that person, the location of the picture next to that article created a false association that constituted
libel Defamation is a communication that injures a third party's reputation and causes a legally redressable injury. The precise legal definition of defamation varies from country to country. It is not necessarily restricted to making assertions ...
. This case is authority that: where a person's picture is taken by a
photographer A photographer (the Greek φῶς (''phos''), meaning "light", and γραφή (''graphê''), meaning "drawing, writing", together meaning "drawing with light") is a person who uses a camera to make photographs. Duties and types of photograp ...
, there is a breach of an
implied contract A quasi-contract (or implied-in-law contract or constructive contract) is a Legal fiction, fictional contract recognised by a court. The notion of a quasi-contract can be traced to Roman law and is still a concept used in some modern legal systems ...
or relationship of trust when the photographer makes additional pictures and uses them for commercial purposes.


References

United States defamation case law Wisconsin state case law 1906 in United States case law 1906 in Wisconsin Hearst Communications Suicide in the United States {{US-case-law-stub