Comm345 Exam 2
Hanlon v. Berger
CNN reporters went with US fish and wildlife officers to Paul Berger's ranch to look for poisoned eagles. Berger won, the SC ruled against CNN. CNN settled with Berger out of court.
John Boehner v. James McDermott
(1999) (INTR./TRESS) John and Alice Martin intercepted cell phone call between Newt Gingrich and Reporter John Boehner (former Speaker of the House). The Martins gave tape to Reporter John McDermott gave copies of tapes to New York Times who ran a front page story. -Martins were charged with violating ECPA- had to pay $1000 fine. (2006) Boehner sued McDermott under ECPA. and McDermott had to pay Boehner $700,000 in damages to him.
2007-2010 Google Street View Project
(2013) attorneys general from 38 states sued Google for secretly collecting "payload data" ( were gathering wifi data including passwords, email addresses, web browser history, email content.) from home WiFi networks with its Google Street View Camera; Google paid $7 million in fines for secretly gathering e-mail addresses and actual texts of e-mail messages. FTC fined Google $22.5 million for secretly tracking millions of web surfers who use Apples Safari browser, Google was exploiting loophole in Safari's safeguards.
Midler v. Ford Motor Company
(APPROPRIATION) "Case of first impression" Bette Midler won $400,000 when ad agency asked her back-up singer to sound like Midler. -they first asked Midler but when she said no they asked her backup singer.
Roberson v. Rochester Folding Box Company
(APPROPRIATION) 10 year old child's image used on billboards, and packaging "Flour of the family." Sues for invasion of privacy. Loses case in lower court due to no precedent for privacy
Zacchini v. Scripps-Howard Broadcasting Co.
(APPROPRIATION) Hugo Zacchini "human cannoball" his stunt was filmed. He sued for violation of his right of publicity. He won because no one would come see his act if they could just watch it on TV.
Onassis v. Christian Dior-NY, inc.
(APPROPRIATION) Jackie Onassis won damages in look-alike suit, because Christian Dior used a model that looked exactly like Jackie, making it appear that Jackie endorsed Christian Dior. Onassis won because advertisers aren't allowed to mislead or deceive the public. (whenever there is a look-alike suit the celeb wins)
ETW Corp v. Jireh Publishing
(APPROPRIATION) Rick rush sold 500 prints of his painting of Tiger Woods 1997 Master's Tournament Win. Tiger sued but court said the first amendment protects art that portrays a historic event in sports -rick rush won bc his painting represented history
Shields v. Gross
(APPROPRIATION) Sues for photos from Pretty Baby, where there were some nude scenes of her as a child. Loses because her mother gave written consent.
Waits v. Frito-Lay, Inc.
(APPROPRIATION) Tom Waits won $2.6M when singer imitated his voice in "Step Right Up." Waits won so much money because the court was made Frito-Lay didn't follow the Midler Precedent
Spahn v. Julian Messner, Inc.
(FALSE LIGHT) Author wrote unauthorized biography of baseball pitcher Warren Spahn, but never interviewed Spahn—just invented dialogue—court found malice. Spahn wins.
Cantrell v. Forest City Publishing
(FALSE LIGHT) Fabricating interview = malice. Reporter Joseph Esterhas pretended to interview widow Margaret Cantrell; Supreme Court found false light.
Bindrim v. Mitchell
(FALSE LIGHT) Gwen Mitchell wrote novel, Touching, about the Nude Marathon encounter group. Gave group leader different name and different physical description—but witnesses still recognized Bindrim. Sued for false light and won. Bindrim told Mitchell before participating she couldn't write anything about it.
Time v. Hill
(FALSE LIGHT) Prisoners escaped from jail take Hill's family hostage, and Time mag overdramatized the situation.Hill was embarrassed so sued but S.C. said (private people) he had to prove malice, but the writer of Time magazine truly believed that was what happened so Hill lost.
Duncan v. WLJA-TV
(FALSE LIGHT) Same as libel case. Linda Duncan sues Washington, D.C., television station for airing newscasts with segment on treatment for genital herpes, which zooms in on her as pedestrian on a busy Washington street. Wins.
People Bank & Trust Co. v Globe International
(FALSE LIGHT) Sun reported that 101 year old Nellie Mitchell was pregnant-she sued for false light and won $1.5 mill in damages.
Diettman v. Time, Inc.
(INTR./TRESS) 1971 A married couple who were pretending asked Dietmann for advice about a lump in the woman's breast. He gave them herbs to make the lump go away. -Dietmann was a plumber but also practiced medicine without a license -the married couple secretly recorded him -Dietman sued for intrusion and won $1,000 because "First amendment is not a license to steal, or to intrude by electronic means..." (this case set the precedent)
Marks v. King Broadcasting
(INTR./TRESS) 1980 Prosecutors charged Marks (pharmacist) with cheating Washington state out of Medicaid funds. KING TV cameraman videotaped Marks from the sidewalk outside the drugstore through the window. Marks sued for intrusion KING TV won because anyone on sidewalk could look through the window and see Marks.
Bartnicki v. Vopper
(INTR./TRESS) 2001Gloria Bartnicki spoke by cell pone with Anthony Kane, President of teachers union in Wilkes-Barre, PA. Kane said "if school board members don't give us a 3% raise, we will have to blow off their front porches" -someone intercepted call and left tape recording in mailbox of Jack Yocum who gave copy of tape to Fred Vopper of WILK. Vopper Aired tape. Bartnickin and Kane sued under ECPA VOPPER won bc 1. WILK didn't aid and abet illegal recording (vopper didn't even ask for it) 2. Conversation was about matter of public concern 3. Kane suggested a violent act (joke?) -as long as you didn't aid and abet getting the info you weren't supposed to have you will not be held guilty.
State of Maryland v. Graber
(INTR./TRESS) 2010 Anthony Graber was riding his motorcycle; officer in plain clothes pulled a gun on Graber; Graber videotaped the entire thing and posted in on YouTube. Police arrested Graber but court ruled in favor of Graber - said that conversation between police and motorcyclists are not private. (opposite ruling from Kelly v. Borough of Carlisle, Pa)
Brian Kelly v. Borough of Carlisle, PA
(INTR./TRESS) 2010 Kelly was passenger in truck; officer David Rogers pulled truck over for speeding. Kelly videotaped Rogers, and Rogers arrested Kelly and seized his camera. Kelly sued Borough of Carlisle for false arrest. US Court of Appeals for Third Circuit ruled officer had immunity due to "insufficient case law" (Kelly lost case). No precedent How is this case like Marks. v. Kings Broadcasting?
Food Lion, Inc. v. Capital Cities/ABC, Inc.
(INTR./TRESS) ABC producers Lynne Dale and Susan Barnet got jobs at Food Lion and secretly recorded Food Lion selling expired beef, rat-gnawed cheese, fish washed in bleach to kill smell -Food lion sued for trespass and fraud, the won because the two women falsified their resumes and misrepresented themselves. Food Lion won ...$2 in damages
Pearson v. Dodd
(INTR./TRESS.) 1969- Someone zeroxed files in Senator Thomas Dodd's office and gave copies to columnists Drew Pearson and Jack Anderson. Dodd sued for conversion (convert), but Pearson and Anderson won. Taking the files and converting them to their own use. Court held that they did not "aid and abet" the person who brought them copies of the files and also because the person who brought the files did not give them the originals and the general public needs the info.
CompuServe v. Cyber Promotions Inc.
(INTR./TRESS.) Court extended trepass law to internet; Held that Cyber Promotions could not spam CompuServe subscribers
Le Mistral v. CBS
(INTR./TRESS.) Restaurant won $1200 in damages against CBS when its reporters did not leave. Le Mistral was cited for health code violations but did not ask permission to film.
Galella v. Onassis
(INTR./TRESS.) Ron Galella (paparazzi) was ordered to pay Jackie Onassis $10,000 and stay 25 feet away. He had been hiding out where she might be. Jackie took her son out to ride horses and Ron jumped out from a bush to get photos but spooked the horse which threw the son. Also stalked summer home with motor boat, and circles her, almost running her over. Ron argues first amendment right to take photos, and that the injunction is interfering with his means of making a living.
Wilson v. Layne
(INTR./TRESS.) SC says police taking a photographer along to serve a warrant violates Fourth Amendment rights of homeowner. Police invited journalists/photographers to come along with them on an arrest, however they went to the wrong house (the fugitive's parents). This was a violation of the Fourth Amendment, however the police were not held personally liable because the law was not clear at that time.
Chiquita Brands International, Inc. v. Gallager Cincinnati Enquirer
(INTR./TRESS.) Violation of ECPA. Cincinnati Enquirer reporter Michael Gallagher tapped into voice mail messages of Chiquita executives. Wrote a story that Chiquita's use of pesticides was endangering workers' health. Chiquita sued under ECPA. Gannett (owner of Cincinnati Enquirer paid $10M in damages to Chiquita and fired Gallagher (may not be on test)
Sidis v. F-R Publishing Corp
(PUBLIC DISCLOSURE) 1940 Sidis 16 y.o. Harvard student (genius he is like a prodigy),he got tons of unwanted press attention. 20 yrs later, New Yorker writes article about his new life as grocery clerk. Sidis sues for violation of privacy. Loses at trial, appeals, loses again. 2nd Ct. of Appeals establishes "Common Decency Standard." Sidis lost he is still "newsworthy" isn't "sensationalist or appalling."
Barber v. Time
(PUBLIC DISCLOSURE) 1942 Time photographed Barber in her room and posted them in a magazine wither her consent. They invaded her privacy about her eating disorder and said she was "starving glutton" in the pic. She won the lawsuit because even though it was newsworthy, she didn't need to be identified.
Common Wealth go Massachusetts v. Wiseman Titicut Follies
(PUBLIC DISCLOSURE) 1969 Wiseman the documentary maker, made the film Titicut Follies that showed mentally ill patients being force-fed, naked, involved in sexual acts. Wiseman didn't have consent form for all patients, but had some of them sign. Court issued an injection to prevent film from being exhibited except to mental health workers (doctors, psychiatrists, nurses etc.) -1991 the court lifted the injunction and said general public can see this documentary.
Cox Broadcasting v. Cohn
(PUBLIC DISCLOSURE) 1975 Cox broadcasting released the name of girl who was gang raped and murdered. The Father sued, but lost because the TV station obtained her name lawfully and didn't get it illegally.
Virgil v. Sports Illustrated
(PUBLIC DISCLOSURE) 1976 Sports Illustrated posted facts about Michael Virgil how he was a body surfer, ate live insects and spiders, dived off stairs to impress women, put out cigarettes in his mouth, injured himself to collect unemployment money so he could body surf. Virgil sued but lost because he agreed to have an interview with sports illustrated. Implied consent is a defense for Public Disclosure
Diaz v. Oakland Tribune
(PUBLIC DISCLOSURE) 1983 Toni Diaz was first female student body president. Oakland Tribune wrote a story that she had a sex change operation. Diaz sued and won because this wasn't newsworthy and had no impact on her ability for office. Also this broke Dr. Patient confidentiality. (not of public concern)
Sipple v. Chronicle Publishing
(PUBLIC DISCLOSURE) 1984 Oliver Sipple saved president Ford's life and the article mentioned he was gay. Sipple sued for disclosing private facts but lost because he was very active in the gay community and posted gay pride news letters. He lost because the fact that he was gay was already known in San Francisco. the info was already public.
Florida Star v. B.J.F
(PUBLIC DISCLOSURE) 1989 B.J.F initials of the women who was walking home and got raped walking home from work(she wasn't murdered). Florida Star sends intern to the scene and copied down the woman's name in the report. B.J.F lost the case because Florida Star did got her name legally. However this put BJF at danger because the man who raped her now knows her name and called her mother saying I will kill your daughter next
Bench-Bar-Press Guidelines
(what should not be reported about a defendant) -defendant's prior criminal record -opinions about defendants character (flaws) -confessions -alibis -results of lab test (DNA) or lie detector tests -opinions about credibility of witness -photos or videos of defendants in custody : perp walk -opinions about defendants guilt or innocence -inflammatory statements
January 2014 "anti-pederazzi" law
CA passes this law to anyone who tries to harass a celebrities kid to get a photo, even in a public place -1 year in jail and $10,000 fine.
Options a judge has to ensure a free trial
1. Change of Venue 2. Continuance- delay 3. Admonition to jury not to look at Newspaper or TV 4. Sequestration of Jury disadv: jury might feel like they are in prison and will be hostile toward defendant. 5. Voir Dire 6. Gag Order
What Can FTC do to stop deceptive ads?
1. Industry Guides (including advisory opinions) 2. Voluntary Compliance 3. Consent decree 4. cease and desist order 5. Substantiation 6. Corrective Advertising 7. Injunctions 8. Trade Regulation Rules (TRRs)
2011 Cellphone Hacking Case in England
13 year old girl Milly Dowler went missing. 6 months later her body was found, she was raped and murdered. Reporters from News of the World, Rupert Murdoch's staff were deleting messages of the girls phone, giving the parents false hope that their daughter was still alive. This was different than Gallagher case bc England wasn't as hard on Murdoch
Ex Parte Nugent
1848- John Nugent gave his editor at the New York Herald a confidential treaty to end Mexican-American War. The senate demanded to know his source and he refused so was put in jail for contempt of Congress.
Valentine v. Chrestensen
1942 Chrestensen was owner of WW 1 Navy submarine and was handing out leaflets advertising a tour of his submarine. He got arrested because there is a law you can't litter and people were dropping the leaflets on the ground. -Police said he couldn't hand out the leaflets bc of a city ordinance. The Supreme Court held that first amendments didn't protect "purely commercial advertising"
Judy Garland v. Marie Torre
1958- Judy Garland sued CBS for libel. Marie Torre refused to identify CBS executive (her source). Potter Stewart sent Torre to jail for contempt because she didn't reveal her source. you can't keep your sources confidential in a defamation case.
Branzburg v. Hayes
1972 Paul Branzburg (reporter watched two men making hashish) and was subpoena'd to testify in court. He wouldn't reveal his sources. branzburg lost because it was compelling information the gov't need to stop this drug crime. similar to the Earl Caldwell vs US and Paul Pappas case against the Black Pantehres. Justice Potter Stewart wrote dissent that argued journalists should have privilege not to testify unless prosecutor (gov't) can show compelling, overriding need for info. Lower courts have relied on this dissent to created a qualified privilege for reporters, but courts rarely grant reporter's privilege if reporter receives a subpoena to testify before a grand jury
Pittsburgh Press v. Pittsburgh Commission on Human Relations
1973 Pittsburgh Press was ran ads in their newspaper that said "help wanted-males" and "help wanted-females". The HRC (human rights commission) issued an injunction to stop these ads because they need to be gender neutral. Employment discrimination is an illegal commercial practice.
Bigelow v. Virginia
1975 Virginia Weekly- Virginia newspaper published an ad for abortion clinic in NY. The editor was arrested for violating VA law (promoting abortions was illegal). Bigelow wins Supreme Court said SC could run ads in VA for an abortion clinic in NY. The ad contained important social/political messages, esp. for women.
Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.
1976 It's okay to advertise prescription drug prices. The USSC reasoned that commercial speech should be protected not so much because of the speaker's rights, but because the public has a right to receive information.
Linmark Associates, Inc. v. Township of Willingboro
1977 Block Busting--> real estate agencies would buy house from white families for very low prices and then sell them to the black families moving in for very high prices. The Township forbid homeowners to put "For Sale" by owner signs in their front yards bc they were trying to prevent this block busting from happening. . SC struck down the statute that forbid homeowners to put for sales signs in their front yards.
Zurcher v. Stanford Daily
1978 Police tried to a Quell a riot at Stanford University Hospital, but were injured. Stanford Daily had pictures of the riot - so police searched the newsroom. With this police can get confidential sources which related to reporter's privilege. -SC held that police only need a search warrant (not subpoena) to search a news room. **it's very easy to get a search warrant** a subpoena can be challenged but a search warrant can't.
Kansas v. Sandstrom
1978 Thad Sandstrom was found dead and Mild Sandstrom was put in jail bc they thought she killed him. Reporter Joe Pennington had a confidential source who said that state's witness had threatened to kill Thad before his murder. -Kansas supreme court denied reporter's privilege because Pennington's source was critical to the defense of an accused person (Milda) -When a reporter has info that can get someone off the hook their are tons of gray areas with reporters privilege. -some judges don't believe reporters have any privileges bc since the general public doesn't have this privilege, reporters shouldn't either.
Gannett v. DePasquale
1979-Judge may close a pre-trial hearing, 75% of criminal prosecutions never go to trial due to plea bargains. 1979-we see the problem with the Chico case, 3 white men killed a black disabled man in cold blood and accepted a plea bargain, so go out of jail quick and no one knew about it because judge placed a gag order on it.
Richmond Newspaper v. Virginia
1980-US supreme court said that criminal trials must be open to public unless court has an "over-riding" interest in closure.
Press-Enterprise v. Riverside Superior Court (1)
1984-supreme court said press have right to attend pre-trial voir dire preceding.
Press-Enterprise v. Riverside Superior Court (2)
1986 robert diaz- nurse accused of killing 12 patients. trial court closed pre-trial hearing, but U.S. Supreme Court said there is qualified privilege for press to attend pre-trial hearings.
Cohen v. Cowles Media Company
1991 Dan Cohen was an aid to Republican candidate running for governor. Cohen gave documents to a Minneapolis Newspaper about a misdemeanor the democratic candidate had committed 12 years ago that was actually dropped. The document didn't show that the judge vacated the conviction against the democratic candidate. -Reporters promised Cohen Confidentiality but posted his name anyway, and Cohen was fired. (this is a verbal contract, it doesn't natter that there is no signature). -Cohen sued for breach of contract and court upheld suit for promissory estoppel (breaking promise). Jury Awarded Cohen $200,000 in damages.
Shulman v. Group W Productions, Inc.
1998 -Ruth Shulman and her son Wayne were flown to hospital in a medical helicopter they didn't know that the flight nurse was wearing a microphone and that they were being videotaped. They sued for intrusion and the S.C. said they should have had the same expectation of privacy as they would in a hospital room.-settled out of court
Joseph Wilson v. Valerie Plame
2003 Deputy secretary of state Richard Armitage told Robert Noval and Bob Woodward Valerie Plame's identity that she was an undercover CIA agent. since her identity was out she couldn't work. 2004 re Special Counsel Investigation -US attorney Patrick Fitzgeral had grand jury find out who leaked Valier Plame's identity to Judith Miller and matter Cooper. Miller was sent to jail for 85 days because illegal to reveal the name of a CIA agent (intelligent identities protection act)
Ayash v. Dana-Farber Cancer Institute
2005 Boston Globe Reporter Richard Knox mistakenly reported that Dr. Ayash had counter-signed order for fatal overdose of toxic chemotherapy drug that killed other Boston Globe reporter Betsy Lehman. -Dr. Livingston used Ayash as a scapegoat. All Livingston had to do was tell Knox the Boston Globe reporter Ayash did it and Knox was taken advantage by the confidential source and printed a lie. Ayash won $2 mill in damage against the Boston Globe and Knox.
O'Grady v. Apple Computer, Inc.
2006- Blogger Jason O'Grady didn't have to disclose the confidential sources who leaked trade secrets about Apple's New Products.
Sanders v. ABC
ABC journalist Stacy Lescht secretly videotaped Mark Sanders in his cubicle while on the phone. He sued for intrusion. Court said Sanders won and should have had a "legitimate expectation of privacy" in his office. ABC paid Sanders $934,000 in damages. CA is an all party consent state (may not be on test)
Commercial Speech
Advertisements and commercials for a products and services; they receive less first amendment protection, primarily to discourage false and misleading ads.
AMA v. FTC
American Medical Association didn't want doctors to advertise, so the FTC sued and said you can't tell doctors this. SC said doctors can advertise , the AMA is not allowed to prohibit doctors from advertising
4 Privacy Torts
Appropriation, False light, Intrusion and Trespassing, Public Disclosure of Facts
yes
Are commercials for e-cigs allowed on TV.... yes but FDA issued regulation for e-cigs in 2014
2013 Steven Tyler Act in Hawaii
Bill would protect celebrities from paparazzi who try to get videos of celebs in private moments.
Nebraska Press Association v. Stuart
Colorado Supreme Court placed gag order in media regarding woman who charged Kobe Bryant with rape - this case set precedent for gag order.
2004 Video Voyeurism Prevention Act
Crime to videotape or photograph people in locker rooms or gas station bathrooms. Prohibits "up-skirting" (taking pics up a women's skirt) prohibits the photographing or videotaping of a naked person without his or her permission in a gym, tanning salon, dressing room or anywhere else where one expects a "reasonable expectation of privacy."
Yes
Does Delaware have a shield law?
one-party consent
ECPA permits a participant (journalist) in conversation to secretly record it 39 states permit one-party consent. only one party needs to consent to the recording so the journalist can consent and can record
Substantiation
FTC asks advertiser to be able to substantiate all claims in their ads- advertiser has burden of proof bc they have to prove they aren't doing anything wrong. (advertiser must be able to back up their claims, can't advertise something they can't prove)
Voluntary Compliance
FTC asks advertiser to stop commercials never use claim again, but advertiser doesn't admit wrong doing.
Cease- and-desist order
FTC launches a formal complaint and can force them to stop ad or fine them $10,000 a day if they don't cooperate. Case goes to an administrative law judge who holds a hearing (like a trial)
Corrective Advertising
FTC order advertiser to inform the public that in the past a commercial had been misleading. (commercial "hara-kiri"
Intrusion & Trespassing Tort
Getting stolen information by invading a private space. Tort occurs when the information is gathered--not published. Reasonable expectation of privacy? (home v. office)
in the penumbra (shadowy area) of the constitution
Is right of privacy guaranteed in the constitution?
Consent Decree
More than 90% of cases are settled by this. A company (advertiser) agrees to discontinue an advertising practice, but doesn't admit to breaking the law. if they don't comply FTC can fine them $10,000
Reporter's Privilege
Journalists believe that they should not have to testify in court about identity of confidential sources. Doctors, lawyers and priests have these privileges because (Doctor patient relationship is private no one, ex. no one would trust a psychiatrist if they could testify in court) Priests have same privilege bc of confession. There are qualifications to become a priest, doctor, or lawyer. But to be a journalist you don't even have to graduate from high school so they don't have this privilege. -there is no common law privilege for journalists to refuse to disclose a source's identity, but have first amendment right now to testify.
Shield Laws
Legislation that exists in some states (40), but not at the Federal Level. It gives reporters the right to refuse to name the sources of their info. But the degree of protection is on a continuum. The least Protection from reporter's privilege: (1). Criminal Cases where Grand Jury wants info. (2). Civil Cases where reporter is defendant (libel) (3). Civil cases where reporter is not party in suit (this gets most protection)
Sheppard v. Maxwell
Marilyn Sheppard was brutally murdered and they sent her husband Sam Sheppard to jail for it. The media basically convicted him, and he didn't get a fair trial. His family hired a private detective when he was in jail and 10 years later supreme court said he never got a fair trial and was free. They found the man who murdered him (Richard Eberling)
2013 Daniel Wilson
NY cab driver secretly records his passengers convo. NY is a one party consent state however, Wilson didn't participate in the conversations. (is this legal or not legal)
The press can print
Name Age Address Criminal charge and circumstances of arrest
Finger v. Omni Publications International
Omni magazine wanted to do a publication on how it's difficult for some couples to have a baby. So they wrote an article on how if a husband drinks caffeine their sperm will get to the women quicker. Caffeinated fertilization. Omni magazine just used a stock photo picked a random photo of a husband wife and their 6 kids. -Finger was embarrassed and sued the magazine for invasion of privacy. -Finger lost bc the court said the article was newsworthy. There was no defamation in the case. However, if omni was trying to sell a product instead of just telling a story Finger would have won.
1999 California passed "stalkerazzi" law
Papparazzi wanted photos of Arnold Schwarzenegger because he just got out of the hospital for triple bypass surgery. They blocked him with cars to get photos.
1980 Privacy Protection Act
Passed by congress that said police must have a subpoena to search a news room, and not a simple search warrant.
Voir Dire
Prosecutors and defense attorney have questioning venireman. -peremptory challenges - can bump up to 12 people off the jury for no reason -challenges for cause- can bump up to 12 people off the jury bc they go against what they want to happen
Robert O'Harrow, No Place to Hide
Report Robert O'Harrow (reporter for washington post) wrote the book "No Place to Hide" about gov't teaming up with private companies that collect personal data on us -names, addresses, and phones numbers and then buy more personal information on us- they know what magazines we subscribed to, and where we go on vacation. - companies include ChoicePoint, Lexis Nexis, Equifax, Trans Union, ACxiom, Seisint, Experian
Synanon v. San Francisco Examiner
Reporter from San Fran Examiner refused to reveal his sources, because their lives would be at risk. But the court said since reporter wouldn't provide them that they had no sources and made up the story. So Synanon (the bad guys) won the libel suit - this case shows that shield laws are not very effective if judges are hostile to reporter's privilege.
1. Yes it is descendable in some states 2. No it is not descendable in other states 3. It is descendable in a third set of states only if the celebrity exploited the right of publicity during his or her life.
Right of Publicity - is it descendable?
False Light Tort
Similar to libel, but is highly offensive to the average person. Only privacy tort that allows TRUTH as a defense. Some states don't recognize false light because it's too similar to defamation.
Problems with False Light Tort
Some states refuse to recognize it (too similar to defamation) Editors don't always get the "red flags" of defamatory words as in libel cases.
1986 Electronic Communications Privacy Act, aka Federal
Under this law, authorities need to obtain a search warrant from a judge only when they want to read emails that have not yet been opened by their recipient and that are fewer than 180 days old. Senate is now considering a bill that would strengthen privacy protection for emails by requiring law enforocement officials to obtain a warrant from a judge in most email cases. Courts vary on their views of this. The Supreme Court hasn't taken this up yet?
Appropriation Tort
Use of someone's name or likeness without his/her consent. Defense = written consent. Must prove malice.
all-party consent
all parties in the conversation must consent to the convo being recorded. (12 states have this) -CA has this
venireman
anyone who might be put on the jury is questioned
Trade Regulation Rules
are like industry guides, but have the force of law . The FTC has the power to apply regulation of practice of advertising to an entire industry. 2008 FTC adopted Telemarketing Sales Rules: Consumers can opt out of receiving calls by putting themselves on the National Do-Not-Call registry 2009 FTC said telemarketers must have written consent to send recorded telephone solicitations.
FCC phone rule
before recording a phone conversation for broadcast, journalists must inform persons that interview is being taped.
1971 Public Health Cigarette Smoking Act
can't have cigarette commercials on TV or Radio (broadcast). Went against fairness doctrine: which says broadcaster need reasonable coverage on both sides of the issue. Advertisments didn't show the public health side just showed the positives.
Right of Publicity
celebrities have the right to exploit the commercial value of their name or likeness (like property value)
Injunctions
drastic remedy-restraining order if FTC believes an ad can cause harm or if someones life is in danger. ex. FTC order an injunction to stop advertising for "psychic surgery in the Philipines"
Grandy Jury
everything that happens in front of this is not open to the general public (18 people on this, a regular jury only has 12). -they decide whether there will be an indictment (enough evidence to send the case to court) -only deal with criminal cases not civil
6th amendment
guarantees right to a fair trial
Industry Guides
inform non-binding statement of advice from FTC to tell advertisers in advance if campaign is legal.
1994 ECPA amended to include cell phones
journalists may not use a wiretap to record a phone conversation or "bug" a room, may not intercept cell phone conversations of third parties - only law enforcement personnel may do this if they have a search warrant.
malice
knowledge of falsity or reckless disregard of the truth
change of venue
move the trial to a different place, so person can have a fair trial disadv. : 1. the state must pay to house and feed all participants in new location -expensive 2. defendant will not be tried in district where the crime was committed 3. publicity may follow the trial
Note
newspapers report less crime news now than they did 100 years ago
Did Delaware Superior Court Judge Charles Butler grant the reporter's privilege to the News Journal when Deputy attorney General Colleen Norris issued a subpoena for unpublished video clips of a reporter's interview with Christopher Rivers (who hired two hit men to murder Joseph and Olga Connell)
no, judge determined that the public interest was more important than reporter's privilege -- news journal must comply with subpoena
if a newspaper publishes someone's picture as part of a news story, is this misappropriation?
no; look at omni mag case omni mag
Loophole to ECPA (Federal Wiretap Statute)
one-party consent or "participant monitoring" ECPA permits a participant (journalist) in conversation to secretly record it. 39 states permit one-party consent while 11 maintain an all-party consent.
gag order
press may not publish anything on the case - this can be used only in extreme circumstances.
Public Disclosure of Public Facts Tort
publication of information that is (1). highly offensive to a reasonable person (2). Not of legitimate public concern Truth is not a defense for this, but defense=newsworthiness
1968 Omnibus Crime Control and Safe Streets Act (Federal wiretap statute)
set rules for obtaining wiretap orders in the United States. It had been started shortly after November 22, 1963 when evidence in the assassination of President John F. Kennedy increased public alertness to the relative lack of control over the sale and possession of guns in the United States. one party consent vs. two party consent sets the rule for obtaining a wiretap in the US
Booth v. Curtis Publishing
shirley booth an actress on a comedy show signed consent that she would be on the cover of their magazine (holiday mag). However, Holiday Magazine used that photo on the cover to advertise their magazine which Booth never consented too. She sued for infringing her right of publicity and lost. S.C. said this was a media exception and a magazine can take a photo from a previous issue to advertise for themselves.
conversion
theft, it is called this because who ever stole it is converting the files for his own use.
Intrusion
tort occurs when information is gathered, not when its published
Defense in Appropriation Suit
written consent - consent fails as a defense if the time period for the written consent has expired. (when people sign consent usually only for 5 years). -consent succeeds as defense if parent of minor child gives consent, even if the child tries to revoke it later.
