Sipple v. The Chronicle Publishing Co.

154 Cal.App.3d 1040 (1984)

Facts

Sara Jane Moore attempted to assassinate President Gerald R. Ford. P who was in the crowd at Union Square, San Francisco, grabbed or struck Moore's arm as the latter was about to fire the gun and shoot at the President. The assassination attempt did not succeed, and P was considered a hero for his selfless action and was subject to significant publicity throughout the nation following the assassination attempt. Herb Caen published a news article about the subsequent celebration of P's heroism making sure it was detailing out P's gay lifestyle and that his acts of heroism will help break stereotypes about gays. The facts were picked up by many national newspapers. P was a prominent member of the San Francisco gay community. Some of those articles speculated that President Ford's failure to promptly thank P for his heroic act was a result of P's sexual orientation. P found the articles offensive to his private life and filed an action against the California defendants, the Chronicle Publishing Company, Charles de Young Thieriot, the publisher of the Chronicle, Herb Caen, a columnist for the Chronicle, the Times Mirror Company, the owner and publisher of the Los Angeles Times, and Otis Chandler (hereafter together respondents) and numerous out-of-state newspapers. P sued Ds for invasion of privacy. P claimed that said publications were highly offensive to P inasmuch as his parents, brothers, and sisters learned for the first time of his homosexual orientation; and that as a consequence of disclosure of private facts about his life P was abandoned by his family, exposed to contempt and ridicule causing him great mental anguish, embarrassment and humiliation. Ds moved for summary judgment, and it was denied, but on newly discovered evidence they moved again claiming that the information in the articles was already public. The action was dismissed, and P appealed.