‘Projecting and Puppeteering’

Maureen E Brady, Property and Projection, 133 Harvard Law Review (forthcoming 2020), available at SSRN. Suppose an unfriendly neighbor, professional rival, disgruntled employee, or random malcontent decides to send a message – from you. Said enemy projects words or images onto your real estate – the facade of your home or office building, say – turning your private property into an ‘unwitting billboard’ showcasing an unwanted message. The affront is palpable, but a viable cause of action has proved as hard to nail down as the light beams themselves. Claims based on these fact patterns have so far foundered: courts find these projected intrusions too incorporeal to count as trespass, yet too fleeting and harmless to count as nuisance … (more)

[Lee Anne Fennell, JOTWELL, 19 September]

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