Exam 2 Prep

4 Sources of Privacy

Constitutional, Statutory, Common, Administrative

4 Privacy Torts

Appropriation, Intrusion, Public Disclosure of Private Facts, False Light

Appropriation (3 elements)

Using someone's name/likeness, for commercial purposes, without permission

Examples of a likeness

Voice, tattoo, robot, avatar, look-alike

NOT a likeness

Parody or transformative expressive work

Booth Rule

Media may advertise its own publication using material appearing in that publication.

Booth Rule Case

Booth v Curtis Publishing

Reasonable expectation of privacy exists

Hospital, private home

No reasonable expectation of privacy

Public, work email, workplace open to public

Intrusion question

Did plaintiff have a reasonable expectation of privacy?

Public Disclosure Tort (3 elements)

Publicity, highly offensive, not legitimate public concern

Highly Offensive Test

Reasonable person offended? Legitimate public concern?

False Light (3 elements)

False light, highly offensive, publisher at fault

Does Utah recognize False Light?

Yes

Can someone refuse an interview?

Yes

Can reporters be barred from press conferences?

Generally no

GRAMA

Government Records Access Management Act

Reporter privilege to trespass?

No

Federal Shield Law

None

Reporter Privilege Test (Civil)

Relevance, heart of issue, unavailable elsewhere

Promissory Estoppel (4 parts)

Clear promise, intended reliance, reasonable reliance, interests of justice

Promissory Estoppel Case

Cohen v Cowles Media

Who is a journalist?

Investigates, gathers news, intended from beginning to disseminate publicly

Three journalist requirements

Investigative reporting, gathers news, intent to disseminate

6th Amendment relevance

Right to every man's evidence

Zurcher v Stanford Daily

Innocent newsroom searches

Privacy Protection Act

Response to Zurcher

Never do this with subpoenas

Accept one for someone else

Collateral Bar Rule

Obey court orders until overturned

Collateral Bar Rule Case

US v Dickinson

Contempt protects

Party's rights, law, authority of court

Branzburg v Hayes

No privilege before grand jury

US v Sterling

Reaffirmed Branzburg

Hatfill v Gonzales

Reporter forced to reveal source after passing 3-part test

Downing v Monitor

If reporter refuses to reveal sole anonymous source, court may presume no source existed

Wheeler v Goulart

Privilege waived after telling husband source identity

Silkwood v Kerr-McGee

Privilege applies to filmmakers

SEC v Seahawk

No privilege because reporter was source

Who wins most privilege disputes?

Civil litigants

Skilling Test (7 factors)

Media interference, coverage, community size, time, verdict, community impact, confession

Skilling v US

Modern prejudicial publicity analysis

US v Burr

Impartial juror = capable of deciding solely on evidence

Gentile v Nevada

Prior knowledge doesn't automatically disqualify juror

6 Trial Remedies

Voir dire, venue, veniremen, continuance, admonition, sequestration

Voir Dire

Means "to tell the truth"

Continuance requires

Defendant waives speedy trial

Sheppard v Maxwell

Courtroom circus

Nebraska Press Test

Intense publicity, no alternatives, order effective

Nebraska Press Case

Prior restraint in criminal trials

Press-Enterprise Test

History & logic, overriding interest, substantial probability, alternatives, narrowly tailored, findings