Privacy Law Flashcards
Categories of Privacy Law
- Intrusion upon the plaintiff’s seclusion or into his private affairs AKA Intrusion upon seclusion
- Public disclosure of embarrassing private facts about plaintiff
- Publicity which places the plaintiff in a false light in the public eye
- Appropriation of the plaintiff’s name or likeness for the defendant’s advantage
Stages of Protection
- Common Law
- Constitutional
- Future Issues
Origins of Privacy Law
- Common Law: Early History
- Constitutional Origins: Government Intrusion
- Constitutional Origins: Media Intrusions
- The Future: Publicity and Digital Environment
Right to Publicity
- Appropriation of likeness
- Right of publicity
Common Law Defenses
- Truth
- Fair comment and criticism
- News worthiness
Technical Defenses:
- Retraction or correction
2. Statue of limitation (2 years of invasion of privacy claim)
Media’s Responsibility
Media may claim to be protected under 1st and 14th Amendment when it comes to privacy law.
- Can be liable to invasion
- Media intrusion
- Right to performance
DeMay v. Roberts (1881)
*early privacy case
- Dr. Demay visited his patient, Roberts, home to deliver a baby. Brought along friend, lied and said he was an assistant as well.
- Deceptive to Roberts.
- Is there a legal right to privacy on personal property? Yes.
Roberts won!
Samuel D. Warren and Louis Brandeis Right to Privacy
Privacy is an idea, make it an official law. Established privacy law, protect person and property, line between media and society, suggested remedies of damages and injections.
William L. Prosser’s Privacy
Established 4 Categories of privacy law:
- Intrusion upon the plaintiff’s seclusion or into his private affairs.
- Public discloses of embarrassing private facts about plaintiff.
- Publicity which places the plaintiff in a false light in the public eye.
- Appropriation of the plaintiffs name or likeness for the defendant’s advantage.
Loving v. Virginia
- Virginia law made interracial marriage a felony. Lovings got married in DC, came back to Virginia and were in violation of statue.
- Restricting freedom to marry solely based off of race violates Equal Protection clause. Statue was unconstitutional.
- Lovings won!
Eisenhstadt v. Baird (1972)
right to be left alone; fundamental right and women have the right to birth control; give an interpretation to the 9th amendment and opened the door for Roe v. Wade
Roe v. Wade
- Ruled that the decision to obtain an abortion is protected by the right to privacy implied by the bill of rights.
- Texas statue invaded right to privacy. Roe won!
Carey v. Population Services International 1977
- According to the US Supreme Court, the right to privacy in decisions affecting procreation xtends to minors as well as adults.
- Make arguments such as my body my call,how much do you need to see if they are incompetent in age 14-17, can not abort if able to consent to sex.
- However restrictions have followed this decision
Bowers v Hardwick (1986)
Supreme Court upheld GA’s anti-sodomy law by saying it was a state’s business as to what their sexual laws would be (homosexual behavior did not exempt state regulation)
California v. Greenwood (1988)
if a person abandons his or her property, such as by placing trash by the side of the road for pickup, that person cannot continue to assert privacy in the property
*4th amendement doesn’t prohibit warrantless searches of discarded trash
Griswold v CT 1965
struct CT prohibiting use of contraceptives, individuals have right to privacy in area of sexual relations
Roberson v. Rochester Folding Box Co. (1902)
Company used Roberson’s image, without permission, in advertisements. Roberson sues for humiliation and emotional stress. Roberson loses
- IMPORTANCE: Motivated NY legislators to pass the first privacy statute in the country (because no precedent)
- Media Intrusion case
- 4th category or privacy law
Paviesich v. New England Life Insurance (1905)
- Georgia developed Privacy law.
- Pavesich sued when photo of him was used in a newspaper ad depicting him as a happy, content insurance customer.
- Ga became first to recognize the right to privacy in common law.
- Category 3
- Recognized privacy rights as “fundamental”
Zacchini v Scripps Howard Broadcasting, 1977
The Scripps Howard broadcasting company used Zacchini’s entire cannonball act on tv and because of this, it was appropriation. (people wouldn’t want to go and see the act that they could just watch on tv)
-Right to performance
