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Restatement (Second) of Torts §652E provides:
|“||One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability to the other for invasion of his privacy, if||”|
Mere negligence is insufficient to establish the requisite fault necessary to hold a defendant liable — the defendant must have "had a high degree of awareness of probable falsity or in fact entertained serious doubts as to the truth of the publication."
"Congress has not evinced an intent to create a federal 'false light' tort claim for misappropriation of image or identity, absent commercialization."