Joe Dickerson & Associates, LLC v. Dittmar

Joe Dickerson (defendant), owner of a private investigation firm, published an article in his business newsletter identifying Rosanne Marie Dittmar (plaintiff) - using her name and photograph - as a bearer-bond thief, truthfully describing her conviction and the investigation into her crime; the free newsletter's distribution nonetheless helped promote Dickerson's investigation business. Dittmar sued for invasion of privacy by appropriation of her name or likeness, a tort not previously recognized in Colorado; the trial court recognized the tort but granted Dickerson summary judgment for lack of proof her name and likeness had commercial value, and the court of appeals reversed, agreeing the tort existed in Colorado but finding factual disputes on its elements. Dickerson petitioned the Colorado Supreme Court on whether the tort existed, whether it required proof of value, and whether his article was First Amendment-protected speech.