1806. Affirmative Defense to Invasion of Privacy--First Amendment Balancing Test--Public Interest Instruction No 1 Request by Plaintiff Given as Proposed Refused Withdrawn Request by Defendant Given as Modified Requested by Given on Court's Motion Judge Instruction No 1 [Name of defendant] claims that [he/she] has not violated [name of plaintiff]'s right of privacy because public interest served by the [name of defendant]'s [specify privacy violation, e.g., use of [name of plaintiff]'s name, likeness, or identity] outweighs [name of plaintiff]'s privacy interests. In deciding whether the public interest outweighs [name of plaintiff]'s privacy interest, you should consider all of the following: a. b. c. d. e. Where the information was used; The extent of the use; The public interest served by the use; The seriousness of the interference with [name of plaintiff]'s privacy; and [specify other factors]. ________________________________________________________________________________ New June 2015