Review Sheet for Second Exam
Copyright©2012 Prof. Sandra Chance
Chapter 5- Privacy
1. Where did the right to privacy come from?
• Development of the 20th century and often traced back to an 1890 article in the Harvard Law Review written by Samuel Warren and Louis Brandeis who argued that advances in technology and the voyeurism of urban newspapers necessitated new legal protections for privacy. • The right to privacy is protected by the U.S. Constitution. (The right to be let alone and free from unwarranted governmental intrusion.) • because "gossip had become a business," argues that it was rooted in the individual's dignity in the law of copyright and trespass • Right to privacy isn't in the Constitution, new added on expressed right
2. What are the four torts of privacy?
• Private facts
• Intrusion: a physical or technological invasion of a person's privacy • False light: public portrayal of someone in a distorted or fictionalized • Appropriation: unauthorized commercial exploitation of someone's identity
3. What are the elements for a private fact case?
Publication of a private matter that is: (1) highly offensive to a reasonable person, AND (2)is not of legitimate concern to the public. -TRUTH is not a defense.
-Must be widely published.
-publication of information that is "so intimate" and the publication of which is "so unwarranted" as to shock or "outrage the community's notions of decency"
4. What are the defenses to a private fact case?
• First Amendment
– Protects most truthful information lawfully acquired IF not highly offensive to a reasonable person and of legitimate concern to the public. • Newsworthiness
– Public Records and Occurrences
– Strange and Unusual?
– Newsworthiness over Time
5. What are the elements of intrusion?
- Reasonable expectation to privacy
- Intentional invasion of a person's physical seclusion or private affairs - Highly offensive to a reasonable person
- Physical, electronically or mechanical
- Does not require publication, only information gathering a single person can be sued
6. What is the general rule about filming, photographing and recording? - If it is in public there is am implied consent, if not in a public place consent is needed. Media personnel can photograph, film, and record what they easily see/hear in public places provided they do not harass, trespass or otherwise intrude - Public: street, parks
- Quasi-public: prison, restaurant or a mall
7. When is intrusive behavior typically found not to be highly offensive? - Expectation of privacy that you are in, in a place with high -more likely to be offensive (bedroom or hospital), lower- not typically highly offensive- applies to public figures as well - Obama's bedroom is as private as mine
8. What are the rules about secret recording (hidden cameras)? See Dietemann v. Time, Inc. - Hidden devices are indispensable tools of newsgathering (newsgathering) - In Florida it is unlawful to record without other parties, you have to obtain permission - Cannot audiotape without consent if they have a reasonable expectation of privacy in Florida
9. What are the elements of a trespass?
- Physical invasion of someone's property without the consent of the owner (physical) - Only defense is consent
- Ex: Food Lion, went past where public is let in, weird meats being sold sued for the act of trespass but not the information required
10. What is the defense of custom and usage? See Florida Publishing Co. v. Fletcher. -Custom and Usage, Florida one of the few. It is a defense for intrusion and trespass, public officials gave you implied consent - Firefighter letting photographer follow him
11. What are the elements of a false light tort? See Cantrell...