Exam 3 Flashcards
Definition of Privacy
The right to be let alone & The right to control personal information about oneself
What are the 4 torts of privacy and their defense?
1. Intrusion
• No Defense - Same as Trespass
2. Public Disclosure of Embarrassing Private Facts
• Defense: Newsworthiness
3. False Light
• Defense: Actual Malice
4. Appropriation
• Defense: ConsentFacts of Dietemann v. Time
• (Intrusion) Two Lifetime reporters targeted A. A. Dietemann, a disabled Veteran who claimed to heal people with herbs and other remedies
• They entered his home, posing as patients, using a hidden bowtie camera and a hidden microphone to record the conversation
* Published materials in the magazine and turned over to district attorney who sued Dietemann for practicing medicine without a license.
Decision of Dietemann v. Time
The Court of Appeals upheld the $1,000 award in damages
Reasoning for Dietemann v. Time
- When Life magazine misrepresented themselves to get access to Dietemann’s home, it doesn’t negate the fact that it is your home, the ultimate sphere of solitude.
- The use of cameras is protected by the first amendment but the fact that they were hidden was the problem and thus not protected
Facts of Sidis v. F-R Publishing
- William Sidis was an unwilling subject of a brief biographical sketch and cartoon that was printed in The New Yorker
- Graduated from Harvard at 16 and was a child prodigy.
- The New Yorker published an article titled ‘Where are they now?’
- Reporters found him living in obscurity, and working as a grocery store clerk.
- Sidis sued them under the second tort
Decision of Sidis v. F-R Publishing
- The Second Circuit Court of Appeals upheld the decision siding with the New Yorker Magazine
Reasoning of Sidis v. F-R Publishing
- Sidis was a public figure when he was a child prodigy.
* He would always be considered a public figure, despite his effort to remain out of the public eye
Facts of Cox Broadcasting v. Cohn
- 17 year old student was sexually assaulted at a party and later died in Sandy Springs, Georgia
- 7 months later six boys were charged with her rape and murder though the trial judge dropped the murder charge.
- Thomas Wassell, a reporter for WSB-TV obtained the copy of the indictment and later broadcasted the girls name while reporting
- Martin Cohn, the victims father, sued both WSB and the reporter. Claiming it violated Georgia’s shield law and his right for privacy
Decision of Cox v. Cohn
Supreme Court ruled 8-1 in favor of Cox Broadcasting
Reasoning of Cox v. Cohn
- Since the reporter legitimately obtained the name in a public document in open court, the court held that later publication of the name was an activity protected by the first amendment
Facts of Time v. Hill
- James Hill and his family were taken hostage in their own home by three escaped convicts
- They were held for 19 hours.
- Joseph Hayes wrote a book called The Desperate Hours, influenced by the family’s ordeal.
- The book was turned into a production though it portrayed the family being threatened with sexual abuse and other violent acts
- Life Magazine published an article of the productions debut.
Decision of Time v. Hill
- Court determined a 5-4 decision in favor of Time, Inc.
Reasoning of Time v. Hill
*The Hill family couldn’t prove actual malice
The strength of Newsworthiness as a defense
- There are certain types of information that are so private and personal that it’s no one’s business but your own
- If put out there, it would highly embarrass or humiliate said person
