The reasons to divorce are personal. For Haley Baylee, ex-wife of former NFL player Matt Kalil, her extremely personal story regarding the reasons for her divorce has gone viral. According to Baylee, her ex-husband’s genitalia is so large that it was a main factor in the divorce. Beyond the unusual nature of the story, the lawsuit presents a good opportunity to learn what the law says about making personal comments about ex-partners publicly.
The Details of the Lawsuit
Baylee, who is a supermodel and influencer, said in a livestream on Twitch with Marlon Garcia that her ex-husband, who played for the Minnesota Vikings and Carolina Panthers, had a penis the size of “two coke cans, maybe even a third,” and that they “tried it all,” from doctors to therapists, but that sexual intercourse wasn’t possible “unless you are going to be in tears.” She also described the issue as the “biggest factor” in their divorce.
In response to the now-viral livestream, Kalil sued her for more than $75,000 in damages for invasion of privacy and unjust enrichment in federal district court in Minnesota. To file a lawsuit in federal court, damages must be in excess of $75,000. The lawsuit claims that Haley’s “degrading and deeply personal comments” subjected him, his new wife, and his family members to “widespread ridicule and unwanted attention.” He alleges that as a result of those comments, his current wife has received “disturbing” and “alarming” messages. In addition, the lawsuit alleges Baylee profited financially from the social media engagement her comments generated, supporting his unjust enrichment claim. Certainly, it has been widely reported on, with TMZ and Page Six both covering the story.
Baylee is seeking to have the lawsuit dismissed. Her lawyer is arguing that the lawsuit lacks legal basis and that it “attempts to drastically expand existing law and set a new and harmful precedent by imposing liability on a woman simply for speaking openly and honestly about a past relationship.” He added that the claim “raises serious concerns regarding the First Amendment.”
Invasion of Privacy: The Public Revelation of Private Facts
Invasion of privacy is an unjustifiable intrusion into someone’s personal life without consent. This could include spying on you, for example by taking a photo of you in your home or searching your smartphone. It can also be the public disclosure of private facts.
For the latter, truth is not a defense (unlike in a defamation case). Whether the information was true or not does not matter in an invasion of privacy claim. While state laws vary, the general rule is that if:
- The information was published in a public place
- A reasonable person would find it offensive, and
- It serves no legitimate public concern
Then, the disclosure may give rise to a claim for invasion of privacy.
However, whether you are a public figure can affect an invasion of privacy claim. Courts have held that public figures have a reduced expectation of privacy, as they have placed themselves in the spotlight. Kalil, who has retired from the NFL, argues he no longer meets the definition of a public figure, but that is likely to be disputed in court. In addition to arguing that Kalil’s claims do not rise to the level of an invasion of privacy, the defense may argue that the story on the livestream about her ex-husband’s penis size was a matter of legitimate public concern that related Baylee’s marriage struggles and is protected by the First Amendment.
Takeaways
Sharing information about your ex with friends is a time-honored tradition. But, social media can be a public forum. Discussing anyone else’s sex life publicly can potentially generate liability for invasion of privacy, particularly if that person has never been a public figure.
While the public is currently debating whether Baylee’s comments warrant a lawsuit, for those of us not in the public eye, there can still be a danger in oversharing on social media, whether it is about your sex life or some other private matter.
Due to Matt Kalil’s status as a former NFL star, it may be difficult to overcome the high bar for invasion of privacy. For now, we’ll have to wait and see how the lawsuit develops.
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