Privacy Law

Misidentified as a porn star by DJs, former 1L testifies against radio station in privacy suit

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A former law student testified on Thursday that she still struggles with anxiety more than two years after two Kansas City radio personalities wrongly labeled her a porn star on their morning radio show.

Ashley Patton was a 1L when her name was broadcast on KRBZ 96.5 FM in April 2012, according to a June decision allowing her false-light invasion of privacy claim. On Thursday, Patton testified in Kansas City federal court about her trouble sleeping and her anxiety, KSHB reports. The story does not report whether Patton continued her law studies or what she is doing now.

The radio personalities had received Patton’s name after asking listeners to send text messages identifying local porn stars. The DJs then Googled Patton’s name, and the search results returned porn images for someone named “Ashley Payton” rather than “Ashley Patton.” Apparently not catching the different spelling, one of the DJs said Patton’s name on air and said, “Oh God, that poor girl, why would she go into that kind of pornography?” Later the station listed her name on its website and posted a podcast of the broadcast.

When Patton called the radio station and complained she had been identified as a porn star, the program director responded, “Well, are you?” according to the June opinion. The station then corrected the spelling of the listed name, but did not remove the podcast until Patton complained in two conversations with the station’s lawyer.

During cross-examination of Patton, defense lawyers suggested Patton’s anxiety was more attributable to stress from law school rather than the broadcast, the story says.

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