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10 Cards in this Set

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  • Back
Where did the right to Privacy come from?
Originally from Harvard Law Review, written in response to new technology.

Agreed that right was rooted in the dignity of an individual, a dignity then recognized in the law of trespass and copyright.
4 Torts of Privacy
1. Private facts-publication of an intimate fact
2.Intrusion- a physical or technological invasion of a person's privacy.
3. False Light- public portrayal of someone in a distorted or fictionalized way
4.Appropriation- unauthorized commercial exploitation of someone's identity
Elements for a Private Fact Case?
*defined in the Restatement of Torts (summary of common law)

Publication of Private Information that:
1. "would be highly offensive to a reasonable person"
2."is not of legitimate concern to the public"
3.Must be widespread

*Plantiff in a PF case does not sue for lost or damaged reputation, but for shame, humiliation and mental damage.
Defenses for a Private Fact Case?
1.Asserting newsworthiness of their stories and pictures.
-public events protected
-relevations about children are private (esp. medical issues)
-strange and unusual is an elastic term (could become newsworthy over time.)

2.Claiming the subject consented to publication of personal information (explicit or implied)

3.First ammendment (BJF vs. Florida Star and Cox Communications)
Elements of Intrusion?
Tort of gathering, not dissemenating.
The Key:
Is there an expectation of privacy?
Is it highly offensive to a reasonable person?
Intentional invasion?
General rule of filming, photographing and recording?
Media can do all of these provided they do not harass, trespass or otherwise intrude.
*Taping in public meetings ok if it is reasonably expected they will be overheard/recorded.
*Pic from public sidewalk onto private prop is ok
*Can record/photo what can be reasonably seen/overheard in a jail.
*"Aggresive and possible abrasive" interview is ok in a public place, said one court.
*"Stalkerazzi"- journalist liable for contructive trespass if using visual or auditory enhancing device (CALI)
When is intrusive behavior typically not found to be highly offensive?
When it is participant monitoring- but some states prohibit.
Rules of secret recording (hidden cameras)?
Florida- need permission.
Cannot audiotape if there is reasonable expectation of privacy.

In most states, CAN record phone convo if you are involved in the convo (Dietemann v. Time, Inc.)
Elements of a trespass?
Usually comes in combo with intrusion.
Going on private property or inviting someone to go on private property w/o consent of owner or possessor.

*Usually involves physical invasion.

*Violation lies in act of trespass not the resulting dissemenation of info afterwards.

*Punitive damages only awarded for malicious/willful trespass (includes internet).
*Journalist=trespasser if they misrepresent purpose of interview, dont i.d. self as reporter, or disrupt a business.
Ex: Food Lion Case
Defense of custom and usage?
See: Florida Publishing Co. vs. Fletcher