Final Exam Flashcards
Name the 5 HEW Fair Information Practices
- No secret personal data record keeping system
- require way for individual to discover what information is recorded and how it is used
- prevent information obtained by one from being used and available to others
- Ability to correct and amend
- Reasonable measures to prevent misuse
What does the CDA 230 cover?
Communications Decency Act
- no provider treated as a publisher or speaker shall be liable for the information by another information content provider
- Protects publisher for speech of user
What are the exceptions of CDA 230?
No effect on Criminal Law
No effect on intellectual property law
No effect on Wiretap Act
What are the 4 Privacy Torts?
- Disclosure of private facts.
- Intrusion upon Seclusion.
- False Light
- Appropriation
What are the elements of Disclosure of Private facts?
1) publicity of a matter of private concern
2) would be highly offensive to a reasonable person
3) not matter of legitimate concern to the public
Name the three Newsworthy Tests?
- Leave it to the Press
- Customs and Convention of Community- the norms of society entitled to information until point of morbid and sensational prying
- Nexus Test- same application of customs and convention but requires a connection between individual and a matter of public concern
A reporter accessed the name of a rape victim from a court record and wrote an article regarding the case and using the victims name? Can the victim sue the reporter for public disclosure of private fact?
No. Under supreme court precedent from, Coz Broadcasting Corp v. Cohn, the press can not be held liable for the disclosure of truthful facts available through public records.
What are the elements of Intrusion upon Seclusion?
Intrudes physically or otherwise on the solitude of another or private affairs if 1) highly offensive to the reasonable person
A large corporation begins a targeted campaign against an activist. The corporation has people interview her friends trying to obtain scandalous information. Could the activist sustain an action under intrusion upon seclusion?
Likely No. The interview with the friends would not be considered highly offensive additionally any information shared with friends would not be confidential. Nader v. General Motors Corp
A show that follows cops on their beat. A cameraman for the show followed a cop responding to a horrible accident on the highway. The cameraman then joins the cop in the ambulence as he rides and published video of the victim in a distressing circumstance. The victim sued can the production company be held liable.
Yes. Under SHulman v. Group W. Productions, riding in an ambulance is highly offensive and intrusion into the victims private affairs.
What are the two forms of defemation and what is the difference?
Libel and Slander. Slander is spoke while libel is written.
What Is the NY times v. Sullivan Test? What is it used for?
For a public official to sustain an action of defamation, the public official must demonstrate actual malice. Meaning knowledge it was false or reckless disregard for truth.
Does the Sullivan Test apply to defamation claims made by non public figures?
NO
What test is applied to determine whether a person is an involuntary public figure?
Three Part Atlanta Journal Constitution v. Jewell
1. isolate public controversy
2. examine involvement in public controversy
3. is the defamer’s statement germane to the participation in the controversy?
Does the Sullivan standard apply to False lights claims?
Yes. Under Time v. Hil.
