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Merely publishing a person’s american mystery & suspense fiction likeness does not constitute the tort of invasion of privacy. Not in New York. Not in any state. Moreover, assuming that it did, any issue of whether a contract between facebook and the students had been breached would be between Facebook american mystery & suspense fiction and the students. Not american mystery & suspense fiction the school. (The tort of false light in New York requires that someone actually portray the plaintiff in a “highly offensive” manner. However, even these torts, in which the professor, not the school would be the plaintiff must withstand first amendment scrutiny, otherwise they are not actionable. So, the school can’t hide behind potential tort liability.) Gabriel, I don’t want to break it to you, but assuming that this is a First Amendment issue (which it might not be), the First Amendment protects a lot of cowardice. Indeed, the Supremes have pretty squarely held that in most cases anonymous speech and leaflets are protected.
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