Dietemann, a disabled veteran with little education, was engaged in the practice of healing with clay, minerals, and herbs—as practiced, simple quackery. Defendant Time, Incorporated, publishes Life Magazine, and its November 1, 1963 edition carried an article entitled “Crackdown on Quackery” depicting plaintiff as a quack and including two pictures of him.
Life Magazine entered into an arrangement with the District Attorney’s Office of Los Angeles County whereby Life’s employees would visit plaintiff and obtain facts and pictures concerning his activities. On September 20, 1963, Life employees Mrs. Jackie Metcalf and Mr. William Ray went to plaintiff’s home using a ruse to gain entrance by claiming they had been sent by a friend, a Mr. Johnson, and once admitted they went into plaintiff’s den where Ray photographed plaintiff with a hidden camera without consent while transmitting the conversation via a hidden radio transmitter in Metcalf’s purse to a tape recorder in a parked automobile.
Prior to September 20, 1963, on two occasions the officials had obtained recordings of conversations in plaintiff’s home without Life employees participating, and on October 15, 1963, plaintiff was arrested at his home on a charge of practicing medicine without a license during which Life made many pictures. The district court awarded plaintiff $1000 general damages after a court trial in an action for invasion of privacy with jurisdiction grounded in diversity and the parties agreeing that California law governed, from which Time appealed.