Bonome v. Kaysen
17 Mass. L. Rptr. 695 (2004) (2004)
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Rule of Law:
The First Amendment protects the publication of truthful, private facts about an individual if those facts are inextricably intertwined with, and substantially relevant to, an autobiographical story about a matter of legitimate public concern.
Facts:
- In 1994, Joseph Bonome, a married man, began an affair with author Susana Kaysen.
- After Bonome divorced his wife in 1996, he moved in with Kaysen.
- During their relationship, Kaysen developed a severe and chronic vaginal pain condition which impacted their physical intimacy.
- Their relationship was public knowledge among friends, family, and clientele, but the specific details of their sexual life were private.
- Kaysen wrote a memoir, 'The Camera My Mother Gave Me,' chronicling her medical condition and its effects on her life and relationship with her 'boyfriend.'
- The book did not use Bonome's name but described graphic sexual encounters, portrayed the 'boyfriend' as insensitive and aggressive, and questioned whether one encounter was consensual.
- Bonome's friends, family, and business clients recognized him as the 'boyfriend' depicted in the book, causing him personal humiliation and reputational damage.
- The relationship ended in 1998, and the book was published by Random House in 2001.
Procedural Posture:
- Joseph Bonome filed a lawsuit against Susana Kaysen and Random House, Inc. in a Massachusetts trial court, alleging invasion of privacy under a state statute.
- The defendants, Kaysen and Random House, filed a motion to dismiss the complaint for failure to state a claim upon which relief can be granted.
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Issue:
Does the publication of intimate details about a person in an autobiographical memoir constitute an unlawful invasion of privacy when those details are integral to the author's narrative about themes of legitimate public concern, such as chronic illness and sexual consent?
Opinions:
Majority - Muse, J.
No. The publication of intimate details does not constitute an actionable invasion of privacy when those details are inextricably linked to an autobiographical account of matters of legitimate public concern. The court balances the individual's privacy interest against the First Amendment's protection of free speech. The themes in Kaysen's book—the impact of chronic physical pain on relationships and the nature of sexual consent—are matters of legitimate public concern. The private details concerning Bonome were not included merely for sensationalism but were essential to developing these themes from Kaysen's personal perspective. Because Kaysen was telling her own story, which necessarily involved Bonome, the disclosure of his involvement is a protected incident of her right to contribute to the public discourse. The court also noted that by omitting Bonome's name, the defendants took steps to limit the degree of interference with his privacy.
Analysis:
This case demonstrates the significant constitutional protection afforded to autobiographical speech, even when it discloses highly sensitive information about others. It establishes that a public disclosure of private facts claim is unlikely to succeed if the defendant can show a sufficient nexus between the private information and a broader topic of legitimate public interest. The decision solidifies the principle that one's right to tell their own story may outweigh the privacy interests of those who are an inseparable part of that story. This creates a significant hurdle for plaintiffs seeking to protect their privacy from disclosure by former intimate partners who are authors or public figures.
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