Ch. 6 Protecting Privacy

Question 1

U.S. constitution allusion to privacy

Answer 1

“Liberty” in the 14th Amendment

Question 2

4 privacy torts

Answer 2

1. false light
2. appropriation
3. intrusion
4. private facts

Question 3

false light

Answer 3

intentionally publishing false information a reasonable person would find highly offensive

Question 4

appropriation

Answer 4

using another’s name or likeness for advertising or other commercial purposes w/o permission

Question 5

intrusion

Answer 5

intentionally intruding on another’s solitude or seclusion

Question 6

private facts

Answer 6

publishing private embarrassing information

Question 7

Spahn v Julian Messner

Answer 7

False light; author invented facts and conversations in unauthorized autobiography

Question 8

False light burden of proof

Answer 8

1. material was published
2. plaintiff was identified
3. published material created a false impression
4. statements put the plaintiff in a false light that would be highly offensive to a reasonable person
5. the defendant knew the material was false

Question 9

Douglass v Hustler magazine

Answer 9

Publishing in Hustler instead of Playboy (plaintiff consented to Playboy) put her in a different light b/c of the journalistic differences b/w the publications

Question 10

fault component

Answer 10

acting intentionally or recklessly

Question 11

Time, Inc. v Hill

Answer 11

hostage situation; family couldn’t prove that Time acted with actual malice

Question 12

Cantrell v Forest City Publishing Co.

Answer 12

W. Va bridge collapse victim’s family painted in false light. Private figure but proved actual malice.

Question 13

Defenses to false light

Answer 13

Truth, consent, opinion

Question 14

commercialization

Answer 14

Appropriation tort. Prohibits using another’s name/likeness for advertising purposes w/o permission; deals with personal privacy; personal right

Question 15

right to publicity

Answer 15

deals with right of individual to protect monetary value of name and likeness; property right

Question 16

Hilton v Hallmark Cards

Answer 16

Paris Hilton sues over card that was based off of The Simple Life. Right to publicity case

Question 17

Robertson v Rochester Folding Box Co.

Answer 17

Plaintiff lost after company put his picture on an ad without permission; public outcry led to NY law in 1903 forbidding use of person’s name/pictures without consent

Question 18

Cohen v Herbal Concepts

Answer 18

Body of woman and child published;

Question 19

Abdul-Jabbar v General Motors Corp

Answer 19

People still recognized former NBA player as former name and won appropriation case against Oldsmobile

Question 20

Midler v Ford

Answer 20

Defendants appropriated Midler’s voice when they got someone w/ a similar voice to do a rendition of the song for a commercial

Question 21

Identity

Answer 21

One’s likeness

Question 22

White v. Samsung Electronics America

Answer 22

Wheel of fortune; plaintiff won appropriation case over likeness

Question 23

Wendt v Host International

Answer 23

Robots looked like characters from Cheers that the actors portrayed

Question 24

Messenger v Gruner + Jahn Printing & Publishing

Answer 24

NEWSWORTHY; No consent to use picture for love column; story ruled newsworthy b/c of its educational value

Question 25

C.B.C. Distribution and Marketing v MLB Advanced Media

Answer 25

PUBIC DOMAIN; MLB lost b/c info was widely available in the public domain

Question 26

Cardtoons v MLBA

Answer 26

FA; cards provided social commentary on public features

Question 27

Appropriation defenses

Answer 27

newsworthiness, public domain, FA protection

Question 28

Booth v Curtis Publication

Answer 28

FA right to attract subscribers by illustrating contents of publication

Question 29

Cher v Forum International

Answer 29

Magazine used her name for promotion and implied her endorsement

Question 30

Incidental use

Answer 30

How incidental a person’s likeness is to the primary purpose

Question 31

Intrusion upon seclusion

Answer 31

Physically/technologically disturbing another’s reasonable expectation of privacy

Question 32

reasonable person standard

Answer 32

the law’s version of an average person

Question 33

Boring v. Google

Answer 33

Street view case; no reasonable personwould be highly offended by Google’s entry on the road

Question 34

Intrusion defenses

Answer 34

false pretenses, newsworthiness

Question 35

Desnick v American Broadcasting Corp

Answer 35

Eye exam investigation; investigators were allowed to enter just like anyone else would

Question 36

Shulman v Group W Productions

Answer 36

car crash; newsworthiness

Question 37

intimate facts

Answer 37

facts that a person wouldn’t want a community to know

Question 38

Winstead v sweeney

Answer 38

Husband published private facts about ex-wife

Question 39

Sipple v Chornical publishing co

Answer 39

Gay; Intimate facts had already been revealed; not private

Question 40

Virgil v Sports Illustrated

Answer 40

surfer; FA doesn’t protect publicity of intimate facts unless they were of public conern; facts were embarrassing but not sensational

Question 41

Diaz v. Oakland Tribune

Answer 41

Plaintiff proved newspaper’s remarks about his/her gender was not newsworthy

Question 42

FA defenses

Answer 42

Public significance, lawfully obtained

Question 43

B.J.F. v Florida Star

Answer 43

Gov made rape victim’s name available so it couldn’t punish media for publishing it; public significance

Question 44

Cox Broadcasting Corp v Cohn

Answer 44

Rape victim’s name lawfully obtained