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:
