Exam 5: Privacy

Zacchini v. Scripps-Howard Broadcasting Co., the human cannonball case, teaches that broadcasters are at risk of commercial appropriation if they broadcast a fragment of an entertainer's act.

Law enforcement officials must always get a search warrant before acquiring records of citizens' phone calls.

Incitement. Can the media be held liable for inciting dangerous or violent acts when readers and viewers copy or take inspiration from violent or dangerous acts they read or view?

Sidis v. F-R Publishing Corp., the case involving the former child prodigy, illustrates that:

Courts have ruled that it is newsworthy and not highly offensive to disclose the unusual behavior of a surfer, the sexual orientation of a veteran who saved the president's life, the whereabouts of a former child prodigy, and the photo of a partially nude crime victim in a public place.

Courts have ruled that a photographer intrudes if he or she shoots a couple, without their permission, having lunch at McDonalds, because the couple has a well-established expectation of privacy in any restaurant.

Consent. Advise a corporate PR practitioner on the type of consent she should acquire from employees who will be pictured in company promotional brochures.

A photographer for the campus newspaper and website, the Caper, took an award-winning photo of Professor Bong in front of his house during a drug raid at the residence. The photographer was standing on the sidewalk. Professor Bong has no privacy claim against the paper and website if the Caper publishes the photo without Bong's permission.

Which statements are true of cellphone conversations?

Edward Snowden revealed that the National Security Agency was collecting bulk data about Americans' phone calls and emails without authorization under the Patriot Act.

Members of the Westboro Baptist Church "intentionally inflicted emotional distress" on mourners at a military funeral by carrying signs proclaiming "God hates fags" on a sidewalk near the funeral, the Supreme Court ruled in Synder v. Phelps.

When journalists or public relations professionals shoot pictures and videos of young children receiving therapy at a hospital, the photographers and videographers may need to get written consent from parents and officials.

It is legal in a majority of states for a participant to secretly record a conversation.

Under the Right to be Forgotten that is recognized in Europe, Google and other American internet companies must, if asked, remove links on their servers (at least within European countries) to nude photos, long-ago convictions for minor crimes, and ads for Nazi memorabilia.

Although the media are rarely sued successfully for intentional infliction of emotional distress (IIED), recently several courts have allowed private citizens to pursue IIED claims against the media in cases involving irresponsible and offensive commentary or aggressive news coverage.

Right to be Forgotten. What is it?

Broadcasters must cut the most violent or dangerous filmed conduct because they have a duty to foresee the harm that may result when viewers copy violent and dangerous programming.

The right to be forgotten is recognized worldwide, including in the United States.

In 2019, InfoWars founder and conspiracy theorist Alex Jones was ordered to pay legal fees to the parent of a 6-year-old school-shooting victim in an IIED suit for repeatedly stating that the Sandy Hook shooting was a hoax.

Businessman Bob is on a trip with a lover unknown to his wife. Photographer Paul shoots a picture of Bob and his lover kissing on a public beach. Paul also posts the picture on social media. Bob should be able to sue successfully for publication of private facts.