Exam 5: Privacy

While privacy law allows the media great latitude to disseminate private information, courts have ruled that the media may invade a private person's privacy if they gather or disseminate medical information about children or adults without consent.

The Supreme Court has ruled that a citizen has no privacy claim if private information is revealed in a public court record.

The Supreme Court ruled in Florida Star v. BJF that:

GDPR. What is the significance of the European Union's General Data Protection Regulation (GDPR) for American media companies?

Employees who smile for the camera have given consent for their photos to be printed in company brochures and advertisements.

Courts have ruled that it is newsworthy and not highly offensive for media to disclose:

Private facts and intrusion. Distinguish between the torts of disclosure of private facts and intrusion. Cite key cases.

Journalists may commit a trespass if they fly a drone low over private property or an accident scene.

It is unlawful for journalists to tap telephones.

Hulk Hogan often bragged about his wide-ranging sexual adventures, but Gawker paid him $31 million for posting a secretly recorded video of Hogan having sex with a friend's wife.

Once private information becomes newsworthy, it may remain newsworthy for years.

In Hustler Magazine v. Falwell, the Supreme Court ruled that a public figure may successfully sue the media for intentional infliction of emotional distress if the publication is "outrageous."

The constitutional right of privacy:

Florida Star v.B. J.F. What is the significance of the Florida Star v. BJF case?

The Rev. Jerry Falwell claimed to be "outraged" by the Campari parody advertisement stating that the pastor had sex with his mother in an outhouse. The Supreme Court ruled that Falwell, a public figure, could collect damages for emotional distress.

The Supreme Court ruled in Cox v. Cohn that the First Amendment permits the media to disseminate private information-such as the name of a young rape victim-revealed in a record submitted in open court.

The Supreme Court has ruled that journalists have a privilege to accompany public officials onto private property if the officials have a search warrant.

IIED claims against Fox News over its coverage of the murder of Democratic aide Seth Rich, who was falsely reported to have leaked information to WikiLeaks, were dismissed because:

To sue successfully for publication of private facts, a plaintiff must establish, among other things:

The founders wisely included "The Right to Privacy" in the Bill of Rights.