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
What is the Common Decency Standard
The private information disclosed about the plaintiff, by the press defendant, violates the common decency as perceived by people of ordinary sensibilities
What is the Chilling Effect?
If enough reporters burn their anonymous sources, and provide the authorities with the anonymous news source, it can have a chilling effect on the news media. It entails a lack of trust in our credibility
Define Subpoena
Legal mechanism authorities use, compelling by force of law of the press to give the names of their anonymous sources
Define Civil Contempt
A judge hands down a subpoena to a reporter and a reporter refuses to obey the direct court order to turnover their sources name
Define Criminal Contempt
Someone in the courtroom insulting the dignity of the court (judge, jury, witness, etc.), verbally or engaging in any act of obstruction of justice
Define Direct Criminal Contempt
Someone in the courtroom insulting the dignity of the court during the trial and the judge has firsthand knowledge of the insult that has occurred
Define Indirect Criminal Contempt
The insult to the dignity of the court occurs outside of the courtroom by someone connected to the case, the judge has secondhand knowledge of the insult
Facts of Branzburg v. Hayes
- Paul Branzburg a reporter of The Courier witnessed people manufacturing and using hashish.
- Wrote two articles concerning drug use. (included unidentified hands pictures and marijuana users as sources)
- Earl Caldwell, a reporter for the Times conducted extensive interviews with the leaders of the Black Panthers
- Paul Pappas, a Massachusetts tv reporter, spent several hours in the Black Panthers headquarters
Decision of Branzburg v. Hayes
Court ruled 5-4 against the existence of reportorial privilege in the Press Clause of the First Amendment
Reasoning of Branzburg v. Hayes
- White acknowledged the argument that refusing to recognize such a privilege would undermine the ability of the press to gather news
- They had information about individuals that they could hand over to the authorities to help land indictments against the people doing these crimes
What are the three parts of the Qualified Privilege Test
- Probable Cause
- To show the reporter has possession of information of the commission of a crime
- Info can’t be obtained via any other means
- No other methods the authorities could get the information that the reporter has
- Compelling and Overriding Interest
- The information is really important that the authorities need and the reporters have it
Facts of Irvin v. Dowd
- Centered around a series of murders
- Local police arrested Leslie Irvin, announcing he had confessed to the crimes
- Irvin’s lawyers sought a change of venue to avoid local biases, but they lost
- Was sentenced to death
- Escaped and soon recaptured, court rejected his motion for appeals
Decision of Irvin v. Dowd
Brought a 5-4 majority for the liberals
Reasoning for Irvin v. Dowd
- Brennan wrote an opinion forcing the state of Indiana to consider Irvin’s appeal on the basis of the jury issue
What is Prejudicial Publicity?
Pre trial, the press discloses information about a crime and about the background of the criminal defendant that might taint the verdict
Waht are the procedural safeguards of law?
- Voir Dire
- The Jury Selection Process
- Change of Venue
- Location of the trial held in a different part of the state
- Change of Venire
- Stays in same jurisdiction
- Continuance
- Judge delays trial start
- Gag Order
- Closure order
What is Trial by Newspaper?
The press convicting the defendant before he’d even been arrested.
Facts of Sheppard v. Maxwell
Dr. Sheppard was convicted of murdering his wife by bludgeoning her to death
Challenged the verdict as product of an unfair trial because there was a wide spread broadcast of his trial
Trial by Newspaper.
Decision of Sheppard v. Maxwell
8-1 Decision for Sheppard
Reasoning of Sheppard v. Maxwell
Found that he did not receive a fair trial. Murder charge was overturned
Should have a new trial in a less violent atmosphere.
Found not guilty for the murder.
