Privacy Flashcards
what is a tort?
A tort is an act or omission that causes legally cognizable harm to persons or property. Tort law addresses remedies for harms caused by wrongful or injurious actions.
What is the historical background of the tort of public disclosure of private facts?
The tort is rooted in the late 19th and early 20th centuries, inspired by Samuel Warren and Louis Brandeis’ 1890 article, “The Right to Privacy,” which argued for legal protection against invasions of privacy by the press.
Who identified the four privacy torts, and what are they
William Prosser identified four privacy torts in a 1960 article: 1) Intrusion upon seclusion; 2) Appropriation of name or likeness; 3) False light; 4) Public disclosure of private facts.
What does the tort of public disclosure of private facts protect?
It protects individuals from the unwanted dissemination of non-newsworthy, personal information that a reasonable person would find offensive, even if the information is truthful.
What are the legal elements required for a successful claim under this tort?
1) Publicity: The information must be disclosed to the public; 2) Private Facts: The facts disclosed must be genuinely private; 3) Highly Offensive: The disclosure must be offensive to a reasonable person; 4) Lack of Legitimate Public Concern: The facts must not be newsworthy.
How did First Amendment concerns affect the tort of public disclosure?
The tort began to decline in the mid-20th century as courts prioritized free speech protections, especially in cases involving public figures. Landmark cases like NYT Co. v. Sullivan strengthened these protections, limiting the applicability of the public disclosure tort.
What are some key points related to digital media and the tort?
1) Widespread Sharing: Online platforms can expose personal information to vast audiences; 2) Permanence: Once shared online, information can be nearly impossible to remove; 3) Context Collapse: The blending of public and private life online increases the risk of intimate details being shared out of context.
What recent case illustrates the revival of the public disclosure tort?
In Doe v. Internet Brands, Inc. (2016), the Ninth Circuit allowed a claim for public disclosure of private facts through an online platform, recognizing the unique dangers of digital media in failing to protect users’ privacy.
What future implications might arise from the revival of the public disclosure tort?
Future challenges will include balancing free speech with privacy rights, evolving legal standards due to technology changes, and potential legislative actions to enhance digital privacy protections.
What was the background of the Cantrell v. Forest City Publishing case?
he case arose after a bridge collapse in West Virginia in 1967 that killed Margaret Cantrell’s husband and others. The Cleveland Plain Dealer published articles misrepresenting Cantrell and her family’s circumstances, implying they lived in poverty.
What legal action did Margaret Cantrell take?
Cantrell sued the newspaper for defamation, claiming that the false statements harmed her reputation.
What was the Supreme Court’s decision in this case?
The Supreme Court ruled that Cantrell must prove “actual malice” in her defamation claim.
What implications did the Cantrell ruling have for defamation cases?
Clarified the actual malice standard for defamation claims.
Balanced the protection of free speech and press with individuals’ reputation rights.
Emphasized the need for journalistic due diligence in reporting.
