South Dakota
How Burns v. Associated Press applies in South Dakota: state-specific rules, key cases, and bar exam notes for Remedies.
South Dakota law aligns with the privacy and emotional distress principles established in Burns v. Associated Press, emphasizing the protection of individuals from harm caused by the unauthorized use of their image or likeness. The state acknowledges the right to recover for emotional damages stemming from such invasions.
Under South Dakota Codified Laws § 21-64-1, individuals have the right to seek damages for unauthorized use of their name, voice, signature, photograph, or likeness, focusing on the claim of invasion of privacy.
The court held that public figures have a diminished expectation of privacy but are still afforded protections against false light invasion, emphasizing the need to balance public interest with individual rights.
This case confirmed that emotional distress damages can be pursued when an individual's privacy rights are egregiously violated, aligning with Burns' principles.
In this case, the court recognized the harm caused by unauthorized publication of an individual’s likeness and affirmed the right to pursue compensatory damages.
South Dakota’s approach to remedies for privacy violations closely mirrors federal standards, especially as articulated in Restatement (Second) of Torts. However, South Dakota law may provide a more explicit framework for emotional distress claims, reflecting its unique statutes.
Candidates should be familiar with the state-specific statutes regarding privacy and emotional distress to effectively navigate related questions on the South Dakota bar exam.