Written by attorneys · grounded in primary & secondary sources — see below
Intense mental suffering that no reasonable person could be expected to endure.
Martin told rookie Caleb that league officials were investigating him for betting on games and that a lifetime ban was likely. Caleb developed intense anxiety that produced serious physical symptoms after a week. The distress qualifies as severe because a reasonable person could not be expected to endure the fear of career-ending sanctions, and the resulting illness supports recovery for bodily harm.
Members of a group assembled peacefully on a public right-of-way near a military funeral and displayed signs expressing political and moral views about government policy. The targeted family members suffered severe emotional distress from the offensive messages. The speech on matters of public concern receives First Amendment protection, so tort liability for the distress is barred absent additional unprotected conduct.
Select any source to read its text and confirm it supports the definition.
Nora publicly accused caseworker Lena of stealing donor files and threatened to post her photo as a thief in front of volunteers at a shelter. Lena's brother Mark witnessed the outburst and suffered recurrent panic-triggered asthma attacks. Mark's distress qualifies as severe because it produced bodily harm while he was present, supporting recovery even though the conduct targeted his sister.
A television network aired a parody segment featuring an exaggerated portrayal of Governor Benjamin confessing to corruption with comedic staging and a laugh track. Benjamin suffered severe emotional distress when some viewers treated the statements as factual. The First Amendment protects the satirical expression on matters of public concern, barring recovery for the distress.
The distress must be so severe that no reasonable person could be expected to endure it. Testimony that the plaintiff was merely upset or cried is insufficient. Some jurisdictions further require expert medical evidence showing objective physical manifestations.
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Bodily harm is not always required. When the conduct is directed at the plaintiff, recovery is available for the distress alone. When the conduct is directed at a third person, a non-family bystander must show bodily harm, while an immediate family member present at the time may recover without it.
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No. The defendant must intend or recklessly cause the severe emotional distress through extreme and outrageous conduct. Liability for resulting bodily harm follows if the distress is a legal cause of the illness, even without specific intent to produce physical injury.
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No. Peaceful, non-disruptive speech on public issues, including at funerals or memorials, receives First Amendment protection even when it causes severe emotional distress. Liability is barred unless additional unprotected conduct is present.
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…that a different standard should apply in this case because here the State seeks to prevent not reputational damage, but the severe emotional distress suffered by the person who is the subject of an offensive publication. Cf. Zacchini v. Scripps-Howard Broadcasting Co. , 433 U. S. 562 (1977) (ruling that the “actual malice” standard does…