Chapter 5: Invasion of Privacy

True or false? Texas is a 2-part state.

False. Texas is a 1-party state- it only requires one party to consent to the recording of a conversation

Milkovich v Lorain Journal

Proves that using "in my opinion" is not enough to protect against the possibility of a libel claim - doesn't prove the statement isn't defamatory.

Marla Ross v. Midwest Communication

Rape victim sues newspaper. -newspaper explains in detail why they think Fossum was wrongly convicted -court rules news paper NOT GUILTY- "communicating that this particular victim was a real person with roots in the community, and showing WCCO's knowledge of the details of the attack upon her, were of UNIQUE IMPORTANCE and PERSUASIVE FORCE for the story"

Four Categories of Privacy

1. commercial appropriation of name or likeness 2. public disclosure of embarrassing private facts 3. placing an individual in a false light 4. intrusion upon physical seclusion

Types of false light claims

1. distortion 2. embellishment 3. fictionalization

Fair Comment/Opinion Privilege

With constitutional protection overlaying libel law, any statement of pure opinion, whether in good faith or not, enjoys constitutional protection

Newsworthiness Defense

a legal acknowledgment that the public has the right to know, in some cases, even at the expense of a person's privacy

"Sypware"

allows tracking of website visits and records how long spent and number of return visits to site-then sends info. to data collection

Melvin v. Reid

"red kimono case" -prostitute tried but acquitted for murder in 1918; changes her life than a story and movie comes out about her -Cali. Court said that the republication of old news can be actionable if it has little social utility

California Supreme Court ruling on editing newspapers and publications...

"the courts do not, and constitutionally could not, sit as superior editors to the press"

What is subterfuge?

"white lies"; i.e. posing as someone you're not to gain access as an investigative reporter -allowed; key is not to break any laws when doing so

"They Asked to be Killed" Ad

-Not a matter of libel, BUT "we are talking about the privilege to invade her interest to be left alone" -example of distortion false light claim

Recording telephone conversations for BROADCAST requires...

-consent of ALL parties involved -requires you to inform someone they are being recorded unless they can reasonably assume they are

Electronic Communications Privacy Act

-contains a WIRETAP ACT that prevents the interception of an electronic communication without the permission of at least one of the participants & STORE COMMUNICATIONS ACT, which restricts unauthorized access to communications stored on computer systems

Diaz v. Oakland Tribune

-court found story about sex change operation to have no legitimate public interest- was solely an invasion of privacy and an attempt to make a joke out of Diaz.

Galella v. Onassis

-endless snooping constitutes tortious invasion of privacy -overzealous monitoring and surveillance

False Light Claim

-false light claim are for injured peace of mind -only individuals can sue for false light claims, not corporations -false light NOT universally accepted by states -TEXAS DOES NOT RECOGNIZE FALSE LIGHT CLAIM

Time, Inc. v. Hill

-fictionalization form of false light -application of fault standard likely varies with STATUS OF PLAINTIFF-actual malice if public person; otherwise negligence

Shulman v. Group W Productions

-helicopter flying to hospital and was "intruded" on by media -court says this was like a hospital room and there was a reasonable expectation of privacy

Florida Star v. BJF

-lawfully obtained information and publish a report of a sexual assault -paper constitutionally protected

Cantrell v. Forest City Publishing Co.

-reporters story had made up details about a bridge collapse -embellishment

Bartnicki v. Vopper

-teachers union v. local school board -illegally recorded conversation where union negotiator tells union president that would threaten violence against school boards "strangers illegal conduct does not suffice to remove the First Amendment shield from speech about a matter of public concern" - privacy concerns give way when balanced against the interest in publishing matters of public importance

When visiting websites what do markers called "clickstream" include?

-visitors e-mail address -type of computer used -URL pathway used to gain access to website

True of false? News is not a commercial use, even though it may be operated for a profit.

True.

True or false? Some states recognize that a right of publicity with commercial value at the time of death survives and can be inherited or transferred.

True.

True or false? States are free to extend more protection for commentary that might include some factual discussion.

True.