Written by attorneys · grounded in primary & secondary sources — see below
A revelation or account that discloses damaging or discreditable information about a person or matter.
Sources & Authorities
How it applies
Common Examples
6
Statement Exposing Criminal Liability
Eva Espinosa published an exposé detailing bribes she had accepted from a supplier to falsify inspection reports. The account subjected her to potential prosecution for bribery. Prosecutors offered the exposé under the hearsay exception for declarations against interest after establishing corroboration of its trustworthiness.
Rescue Effort Without Contributory Negligence
Eileen Epstein released an exposé describing how she had waded into a river to save a child. The account exposed her to public scrutiny over the resulting injuries. The court considered the exposé when evaluating whether her rescue effort constituted contributory negligence.
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Cases
Federal Rules
Uniform Acts
Model Codes
Common Law
Restatements
Dictionaries
Eastern Electric issued an exposé revealing conflicting claims to funds held under two contracts. The account exposed the company to double liability from Emerald Enterprises and Eclipse Manufacturing. The court permitted interpleader after reviewing the exposé detailing the competing demands.
Threat of Secret Exposure as Extortion
Emmett Egan circulated an exposé threatening to reveal Emily Ellis's prior false advertising campaign. The account exposed her to public ridicule unless she paid a substantial sum. The threat to release the exposé formed the basis for the extortion charge.
No Privacy Expectation in Exposed Information
Enzo Eastwood published an exposé containing his own detailed financial records. The account exposed the information to neighbors who regularly passed his open porch. The court ruled that the voluntary exposé eliminated any reasonable expectation of privacy.
Corroborated Statement Exposing Liability
Ella Emerson released an exposé admitting she had diverted corporate funds for personal use. The account exposed her to civil and criminal liability. The prosecution introduced the exposé after presenting independent evidence confirming its reliability under the totality of circumstances.
Common questions
Frequently Asked
5
How does an exposé function as a statement against interest under evidence rules?+
An exposé qualifies as a declaration against interest when a reasonable person would publish it only if believed true because it exposes the author to civil or criminal liability. The rule requires corroboration in criminal cases to ensure trustworthiness.
When does exposing oneself to danger avoid a finding of contributory negligence?+
A plaintiff is not contributorily negligent for publishing an exposé that exposes herself to danger while attempting to save herself, a third person, or property from harm, provided the effort itself is reasonable.
What justifies interpleader when a plaintiff faces exposure to multiple liability?+
An exposé detailing competing claims that may expose the plaintiff to double or multiple liability may be used to join claimants as defendants and require them to interplead, even if the claims lack a common origin.
How does a threat of exposure constitute extortion under the Model Penal Code?+
A person commits theft by extortion by threatening to release an exposé tending to subject another to hatred, contempt, or ridicule or to impair credit or business repute, unless the actor believed the secret true and limited the purpose to compelling reasonable conduct.
When does public exposure eliminate Fourth Amendment protection?+
An exposé that a person knowingly releases to the public lacks Fourth Amendment protection because no reasonable expectation of privacy exists in information the author has chosen to disclose.
376 U.S. 254 (1964)Remedies
…or deliberate misstatements. "Under our system of government, counterargument and education are the weapons available to expose these matters, not abridgment . . . of free speech . . . ." Wood v. Georgia , 370 U. S. 375, 389. The public official certainly has equal if not greater access than most private citizens…