Diaz v. Oakland Tribune, Inc.

188 Cal.Rptr. 762 (1983)

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Nature of the Case

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Facts

Diaz (P) was a transsexual who had undergone corrective surgery in 1975. P kept her secret from everyone but immediate family and close friends. P looked like and behaved like a woman and was accepted by the public as a woman. P made changes in her permanent records to reflect her new identity. Following surgery, P no longer suffered from psychological difficulties and in 1975 she enrolled in Jr. College. Eventually, P got heavily involved with student government and made a charge of misuse of student funds as her signature had been improperly rubber stamped on checks drawn from the associated students' accounts. An article was printed in the Alameda Times Star. The paper eventually learned that P was really a man and eventually that information was confirmed by public police records as in 1970 P had been arrested for solicitation of an undercover police officer. This fact was published, and P suffered emotional distress. P sued D and D defended in that the matter was newsworthy and hence constitutionally protected. The jury found for P and D appealed.