PRIVACY (EXAM 3)

Why have privacy concerns risen?

Privacy concerns have intensified with the rise of social media and surveillance.

Pope v Curl

Written letters between private persons

REMEMBER: Pope’s letters weren’t for Curl’s press: privacy over publication.

In terms of the privacy tort of false light, what is distortion?

distortion is warping the facts of the case, potraying an individual in unflattering ways.

In terms of the privacy tort what is appropriation?

Unauthorized use of a person's name or likeness for commercial gain.

Embarrassing facts:

Publication is considered offensive if it would mortify the average person. Courts evaluate the public interest in the disclosed facts.

Hustler v Falwell

parody article about public figure’s sex life

REMEMBER: Satire and parody are protected, even if they hurt a public figure’s feelings.

Florida Press v. Fletcher

reporter entering private residence without owner’s consent

REMEMBER: FIRE(public event): no privact expectation on the property

Florida Star v. BJF

newspaper printing name of a rape victim

REMEMBER: the First Amendment protected the publication of lawfully obtained information, even if it was harmful.

Sipple v. Chronicle

public figure’s sexual orientation

REMEMBER: Once something is publicly revealed (like a heroic act), other aspects of a person’s life are no longer private.

Barber v Time

magazine coverage of private person’s health issue

REMEMBER: Private moments (like an illness) are protected from public disclosure unless there’s a clear public interest.

Lawrence v. Texas

sexual acts between private persons

REMEMBER: Private, consensual sexual conduct between adults is protected under the 14th Amendment.