Right to Privacy Vocabulary

Flashcards about the Right to Privacy

Right to Privacy

Although not expressly mentioned, several amendments in the U.S. Constitution create this right.

Fourth Amendment

Protects against unreasonable searches and seizures, but only against government actions.

Bill of Rights

Reflects concern for protecting specific aspects of privacy, like beliefs, home, person, possessions, and personal information.

Warren and Brandeis

Argued for legal remedies to enforce boundaries between public and private life due to increasing intrusions by government, press, and technology.

Tort

A civil wrong against another that results in injury.

Constitutional Right to Privacy

Protects against invasions by the government.

Four major branches of privacy law

Unreasonable intrusion upon seclusion, unreasonable revelation of private facts, unreasonably placing another person in a false light before the public, and misappropriation of a person’s name or likeness.

Intrusion

Intentionally intruding, physically or otherwise, upon a person’s private space in a manner that is highly offensive to a reasonable person.

Private Facts

When one gives publicity to a matter concerning the private life of another that would be highly offensive to a reasonable person and is not of legitimate concern to the public.

False Light

When one gives publicity to a matter concerning another that places the other before the public in a false light, which would be highly offensive to a reasonable person.

Misappropriation

The use of a person’s name, likeness, voice, or some other element of his or her persona for commercial purposes without consent.

Newsworthiness

The best defense for media defendants, protecting reporting as long as it is not inaccurate.

Consent

A valid defense in privacy law, requiring a legally enforceable contract with consideration and voluntary agreement.

Cox Broadcasting v. Cohn and Florida Star v. B.J.F decisions

Established media's right to report information lawfully obtained from court records.

State-specific privacy rules

Privacy torts, the right of publicity, and rules about recording conversations.