Montana

Montana has implicitly recognized the false light and private facts torts but has not yet recognized intrusion or misappropriation claims.

Intrusion: The news media can become liable for violations of the Fourth Amendment’s provision against unreasonable government searches and seizures if they accompany officers in the execution of search and arrest warrants and become joint actors with the officers. Berger v. Hanlon, 129 F.3d 515 (9th Cir. 1997), vacated on other grounds and remanded, 526 U.S. 981 (1999). While the U.S. Supreme Court held in May 1999 that law enforcement officers who permit the news media to accompany them into a home while serving warrants violate the Fourth Amendment rights of the subjects of those warrants, it did not address whether the news media can themselves become liable for any resulting Fourth Amendment violations. See Wilson v. Layne, 526 U.S. 603 (1999) and Hanlon v. Berger, 526 U.S. 981 (1999).

Private Facts: The Montana Supreme Court recognized that the state constitution provides an exception to the “public’s right to know” that extends to natural human beings but not corporations. Great Falls Tribune v. Montana Public Service Com’n, 82 P.3d 876 (Mont. 2003).