To be valid, an interest must vest, if atall, within a life in being plus 21 years.
"Outing" of closeted gays and lesbians is not a new phenomenon. It occurred during the McCarthy era and before, often with an intent to harm the closeted homosexual with the threat of public disclosure of homosexuality.To extend a bit here and offer a hypo for you all: A married man is placed under surveillance by the FBI. During the 4+ years they're following him they found out that he engaged in 7 separate occasions in homosexual sex with other men in a couple of open public areas that gay men frequent. Three out of the seven instances were oral sex, two of them intercourse (being the active partner), and one time he just kissed the other guy and cuddled him a little bit. After a certain time period, the FBI decides to make the target aware of being under their surveillance (active surveillance), and also deepens its infiltration, such that his wife too is part of the game. The man is clearly in the situation of being defamed, given the fact that he's not a public figure, he doesn't consider him to be "homosexual," (truth-be-told, a lot of straight men may have 1-2 gay encounters a year with other men), and the First Amendment defense doesn't even apply in this case.Because people tend to believe what the government say, he's clearly injured, with his wife divorcing him after a while (albeit, she never confronted him directly about the matter, not being allowed to even acknowledge to him she was approached by the agency). I think this would be a curious hypo, in that although statements were never printed or even publicly acknowledged, just like in the case of Cruise's "South Park," they're just as defamatory and injurious. Feel free to share. Please do.
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