What are the four elements required to establish intentional infliction of emotional distress?

The elements are intentional or reckless conduct, extreme and outrageous conduct, causation between the conduct and the distress, and severe emotional distress. Courts require the conduct to exceed all bounds of decency usually tolerated by civilized society.

Does the First Amendment bar intentional infliction of emotional distress claims arising from speech on matters of public concern?

Yes. Peaceful, non-disruptive picketing on public land near a funeral with offensive signs addressing political or moral issues receives First Amendment protection. Tort liability is barred absent additional unprotected conduct such as true threats or fighting words.

Must a plaintiff prove physical manifestations of distress to recover for intentional infliction of emotional distress?

Most jurisdictions do not require physical manifestations. Severe emotional distress alone suffices if the other elements are met, though some states still impose a physical-injury requirement.

Legal Dictionary

Legal Term

intentional infliction of emotional distress

Q: Can public figures recover for intentional infliction of emotional distress based on parody or opinion?

No. A public figure must prove a false statement of fact made with actual malice. Outrageous parody or opinion that no reasonable person would take as stating actual facts does not give rise to liability.

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Also known as: intentional infliction of emotional distresses · IIED · tort of outrage

Written by attorneys · grounded in primary & secondary sources — see below

A tort imposing liability on a defendant who intentionally or recklessly engages in extreme and outrageous conduct that causes another person severe emotional distress. The conduct must exceed all bounds of decency tolerated by civilized society. Liability requires proof of intent or recklessness, outrageousness, causation, and severity of the resulting distress.

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How it applies

Common Examples

Funeral Protest Near Military Base

Members of a religious group gather on a public roadside easement two hundred feet from a military funeral. They display signs condemning government policy on homosexuality in the armed forces. The signs are visible to the grieving family but the group remains silent and does not block access or enter the ceremony grounds. The family sues for intentional infliction of emotional distress. The court dismisses the claim because the speech addresses matters of public concern and occurs peacefully on public land.

Newspaper Breach of Confidentiality Promise

A source provides a newspaper with information about a political candidate under an express promise of anonymity. The newspaper publishes the source's name anyway. The source loses employment and suffers severe anxiety requiring medical treatment. The source sues the newspaper for intentional infliction of emotional distress along with breach of contract. The court allows the tort claim to proceed because the conduct involves a broken promise rather than protected speech on a matter of public concern.

intentional infliction of emotional distress

Common Examples

Funeral Protest Near Military Base

Newspaper Breach of Confidentiality Promise

Key Cases Using This Term

Daimler AG v. Bauman

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