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Right to Privacy - Communication Law and Ethics - Lecture Notes |, Study notes of Communication and Development studies

Material Type: Notes; Class: Communication Law & Ethics; Subject: Communication; University: Rider University; Term: Forever 1989;

Typology: Study notes

Pre 2010

Uploaded on 10/28/2009

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Fourth Amendment- guards against UNREASONABLE search and seizure by gov.;
security over PROPERTY
Right to Privacy
Louis Brandeis and Samuel Warren- 1890: the first time anyone had made an
argument (using an article) that privacy was implied in constitution
*two prominent lawyers had experience with their privacy being taken away, so
they wrote an article that was influential but did not change the law
Privacy torts: Private facts, Intrusion, False Light, Appropriation
Private Facts- allows one to sue for EMBARRESSMENT caused by PUBLICATION of
ACCURATE, PRIVATE info that a normal person would find OFFENSIVE
Defenses- public record, newsworthyness
Intrusion- offensive INVASION of someone’s SOLITUDE
Can only occur in a private place where one is alone and has the right to be alone
A civil action- not about content but what conduct is in receiving content
False Light- Publication of OFFENSIVE and FALSE information. Like libel, required
proof of fault. Only type of privacy tort that requires PROOF OF FAULT.
Appropriation- using NAME or LIKENESS for COMMERCIAL USE without
permission. Oldest privacy tort girl on flower in 1903
Consent is only defense
Consent- the only defense for intrusion tort
Only legal if recent
If has to come from a party who can give consent
What is consented to has to be done can’t be materially changed
Exceptions:
Major Disasters
Semi-public places
Ride-alongs with police
Actual malice- knowledge that the information published was false or reckless
disregard of whether it is false or not
Right to Publicity- an individual’s right to control the profit from his/ her name/
likeness
Celebrity look- and sound-alikes- legal if the audience knows that they are not in fact
the person being portrayed
Cases:
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Fourth Amendment- guards against UNREASONABLE search and seizure by gov.; security over PROPERTY Right to Privacy Louis Brandeis and Samuel Warren- 1890: the first time anyone had made an argument (using an article) that privacy was implied in constitution *two prominent lawyers had experience with their privacy being taken away, so they wrote an article that was influential but did not change the law Privacy torts: Private facts, Intrusion, False Light, Appropriation Private Facts- allows one to sue for EMBARRESSMENT caused by PUBLICATION of ACCURATE, PRIVATE info that a normal person would find OFFENSIVE Defenses- public record, newsworthyness Intrusion- offensive INVASION of someone’s SOLITUDE Can only occur in a private place where one is alone and has the right to be alone A civil action- not about content but what conduct is in receiving content False Light- Publication of OFFENSIVE and FALSE information. Like libel, required proof of fault. Only type of privacy tort that requires PROOF OF FAULT. Appropriation- using NAME or LIKENESS for COMMERCIAL USE without permission. Oldest privacy tort  girl on flower in 1903 Consent is only defense Consent- the only defense for intrusion tort Only legal if recent If has to come from a party who can give consent What is consented to has to be done  can’t be materially changed Exceptions: Major Disasters Semi-public places Ride-alongs with police Actual malice- knowledge that the information published was false or reckless disregard of whether it is false or not Right to Publicity- an individual’s right to control the profit from his/ her name/ likeness Celebrity look- and sound-alikes- legal if the audience knows that they are not in fact the person being portrayed Cases:

Sidis v. F.R. Publishing, 1940 Sidis was a prodigy that wanted to live a normal life but a story was published about him. It was decided that since he was a public figure that the story was not an invasion of privacy. Time, Inc. v. Hill, 1967 (false light) Hill family was held hostage but was unharmed. Wanted to but the incident behind them but a book was written loosely about the incident then turned into a play. Life magazine used the Hill house to advertise the play, where violence had occurred. 3 levels of public figures did not exist yet, so the Hill family had to prove actual malice. Sipple v. Chronicle Publishing, 1984 Sipple saved the president and his homosexuality was included in his story of heroism. He sued the San Fransisco chronicle for revealing that, but he lost b/c he was a public figure and it was deemed newsworthy Cox v. Cohn, 1975 (privacy facts)- state law said that victims of rape by law cannot be released. Police made the mistake of publishing the name in a police report. A journalist broadcast the report with the name b/c it was in a public record. Court agreed with the station. Bartnicki v. Vopper, 2001 teacher had a cell phone conversation about contract negotiations that was intercepted and put on the radio by Vopper. Vopper did not do anything wrong bc the information published was truthful and of public importance