Media Law: Exam 2 Review

Chapters 7-13

4 Sources of Privacy

Constitutional law, Statutory law, Common law, Administrative law

4 Privacy Torts

Appropriation, Intrusion, Public disclosure of private facts, False light

Appropriation (3 elements)

1. Using a person's name or likeness 2. For commercial or trade purposes 3. Without permission

What counts as a likeness?

Voice, look-alike/model, avatar, tattoo, robot; not parodies or transformative works

Booth Rule

Media may use someone's name or likeness to advertise the publication in which it originally appeared.

Reasonable expectation of privacy - YES

Hospital room, private home, private conversations in protected settings

Reasonable expectation of privacy - NO

Public places, workplace open to the public, work email

Public disclosure of private facts (3 elements)

1. Publicity given to private facts 2. Highly offensive to a reasonable person 3. Not of legitimate public concern

Highly offensive test

1. Would a reasonable person find it highly offensive? 2. Was the information of legitimate public concern?

False light (3 elements)

1. Publication placed plaintiff in false light 2. Highly offensive to a reasonable person 3. Publisher was at fault

Does Utah recognize false light?

Yes

Can someone refuse an interview?

Yes

Can an employer tell employees not to speak to reporters?

Yes

Can reporters be barred from press conferences?

Generally no

GRAMA

Government Records Access Management Act

Reporter's privilege to trespass?

No

Federal shield law

None

Three-part reporter's privilege test (civil cases)

1. Information is of certain relevance 2. Goes to the heart of the issue 3. No alternative source exists

Promissory estoppel (4 elements)

1. Clear and definite promise 2. Intended reliance 3. Reasonable detrimental reliance 4. Enforcement required in interests of justice

Who is a journalist?

1. Engages in investigative reporting 2. Gathers news 3. Intended from the beginning to disseminate news to the public

6th Amendment relevance to reporters

Protects the right to every man's evidence

Innocent third-party newsroom search case

Zurcher v Stanford Daily

How should a subpoena be accepted?

Never accept a subpoena for someone else

Contempt purposes

Protect litigant's rights, vindicate the law, preserve authority of the court

Collateral Bar Rule

All court orders must be obeyed until overturned, even if later found unconstitutional

Skilling test (7 factors)

1. Media interference 2. Magnitude and tone of coverage 3. Size of community 4. Time between crime and trial 5. Jury verdict 6. Community impact 7. Publicity of confession or smoking-gun evidence

6 Trial-Level Remedies

1. Voir dire 2. Change of venue 3. Change of veniremen 4. Continuance 5. Admonition 6. Sequestration

Voir dire

To tell the truth

Continuance

Requires defendant to waive speedy trial right

Nebraska Press test (3 parts)

1. Intense and pervasive publicity 2. No alternative measures 3. Restrictive order would effectively prevent prejudice

Rule on contacting jurors

Jurors may speak after trial if they choose; judge may delay but not permanently prohibit

Press-Enterprise test

1. Is proceeding presumptively open? 2. Overriding interest likely harmed 3. Substantial probability of harm 4. No reasonable alternatives 5. Narrowly tailor closure 6. Make evidentiary findings

Chandler v Florida

Mere presence of cameras does not necessarily deny a fair trial

Are cameras more common in state or federal courts?

State courts

Right to witness executions?

Yes

Right to record executions?

No

Rice v Kempler

No First Amendment right to record executions

Indecent material

Protected by the First Amendment

Pornography

No legal significance

Obscenity

Not protected by the First Amendment

Child pornography

Not protected by the First Amendment

Revenge porn law

Utah: first offense is a misdemeanor

Miller Test (3 parts)

1. Appeals to prurient interest under local community standards 2. Patently offensive sexual conduct defined by state law 3. Lacks serious literary, artistic, political, or scientific value

Appropriation case

Roberson v Rochester Folding Box

Georgia recognizes common-law privacy

Pavesich v New England Mutual Life Insurance

Voice as likeness

Facenda v NFL Films

Tattoo as likeness

Brophy v Almanzar

Robot as likeness

White v Samsung

Transformative use test

Comedy III v Gary Saderup

Fantasy baseball names

CBC Distribution v MLB Advanced Media