Exam 5: Privacy

Broadcasters must tell participants in a telephone conversation if the conversation is being recorded for broadcast.

Publicity. Describe the right of publicity.

Some states recognize a right of publicity for the estates of dead celebrities.

Professor Bong [previous question] has no privacy claim against the Caper and website if the newspaper later publishes the same photo to advertise the great photography readers will find regularly in the Caper.

In the case Florida Star v.B. J.F., the Supreme Court ruled that a newspaper was NOT liable for violating the privacy of a rape victim when the newspaper published her name, which was provided by a sheriff's office.

Unauthorized commercial appropriation of someone's identity can occur in advertisements but usually not in news stories.

Federal courts have ruled that manufacturers of interactive video games violate the publicity rights of athletes if the virtual athletes in the video games resemble real athletes.

If a viewer copies a violent act he sees on television, the victim can probably successfully sue the broadcaster for:

In the case Glik v. Cunniffe, a federal appeals court ruled that citizens have a First Amendment right to record police conducting official duties in a public place.

Ace is a reporter for WGET-TV, preparing a series of reports on professors at Go University. Ace hears that art professor Michael Montage is suspected of selling drugs to students. While searching police and court files to see if Montage has a criminal record, Ace runs across an unsealed, two-year-old divorce file. In the file, Ace learns that Montage was divorced two years ago. Ace also learns in the divorce file that Montage was sexually molested by a neighbor when he was a child. By coincidence, police with a search warrant raid Professor Montage's house in the evening, just as Ace is walking to his nearby apartment. When Ace shows police his reporter's credentials, police invite him on the raid. As the raid begins, Montage stands at the door to his house, shielding his eyes from the lights of Ace's camera, and yells: "Keep Out." Nevertheless, Ace follows police through the house. No drugs are found, but police seize several videos that appear to be pornographic. Later that night, WGET runs several promos: "A Drug Raid at Professor's House; Details at 11," says one promo. A two-second clip of the raid is included in the promo. At 11 p.m., WGET runs a two-minute story about the raid, including ACE's footage from inside the house. Ace reports that police found no drugs, but police think they confiscated obscene material. With great solemnity, Ace adds, "Sadly, Montage himself was sexually molested when he was a boy, court records reveal." Montage sues Ace and WGET for several torts and a violation of his Fourth Amendment rights. Explain whether you think Montage might recover damages for any of the following claims. Cite cases where appropriate. l. Disclosure of private facts for revelation of the childhood molestation. 2. Trespass and intrusion for entry with police during the raid. 3. Violation of the Fourth Amendment for participating in an illegal search and seizure. 4. Commercial appropriation of Montage's identity in the news program and the broadcast promotion before the 11 p.m. news.

Courts have ruled that citizens have a legitimate expectation of privacy everywhere EXCEPT:

Businessman Bob is on a trip with a lover unknown to his wife. Photographer Paul shoots-but does not publish-a picture of Bob and his lover kissing on a public beach. Bob should be able to sue successfully for intrusion.

The Supreme Court has ruled that journalists have a privilege to accompany public officials onto private property even if officials have no search warrant.

Tommy Snapper climbs a ladder to snap a photo with his telephoto lens of Ima Starr, a popular local singer, as she watches television, dressed in street clothes, in her den. Snapper never publishes the picture. Starr might successfully sue for:

Broadcasters may:

To win a private-facts suit, a plaintiff must prove that the publication:

The Supreme Court has ruled that anti-gay organizations picketing a military funeral from a public sidewalk are liable for:

Cassandra is walking on a public sidewalk holding hands with her boyfriend, Ralph. Tommy Snapper, a media photographer, shoots a picture from across the street and publishes it on the Banner-Guardian website accompanying a story about downtown redevelopment. After seeing the photo, Ralph's wife divorces him. Ralph will likely recover damages from the website for which tort?

Journalists and public relations practitioners hoping to avoid private facts suits should be especially careful to get permission when publishing personal medical information, particularly information about children.

Plaintiffs claiming they were cast in a false light in an issue of public interest must prove that the publication was made with actual malice.