Public Disclosure of Private Facts Flashcards
Tort 2?
Public Disclosure of Private Facts
What two rights does the tort weigh?
[BALANCE BETWEEN RIGHT OF PRIVACY AND FREEDOM OF SPEECH/PRESS]
What is PDPF Rule?
(1) DEFENDANT gives publicity (2) To a matter concerning PLAINTIFF’s private life, which is (3) Highly offensive to a reasonable person, and (4) Not of legitimate concern to the public (not newsworthy)
What is a possible issue that may arise during PDPF?
Are the correct parties in the suit =Can mother claim PDPF for picture of son =Can Green sue Tribune, when Hospital gave Tribune permission to be in room
Prong 1?
Was there Publicity?
Two Methods for Publicity?
Private Method and Public Method
What is the private method?
”so many people that it is “substantially certain to become public knowledge”; Email, Fax, Restricted Website [amount of people/types of people matter]
Minority rule for the private method of publicity?
Special Relationship test
What is the special relationship test?
If P has a special relationship with D (others that receive the private information), then Prong 1 is satisfied
Examples of special relationships?
Small intimate group of co-workers–>Not company wide Book Club Soccer League Extended Family
What is the public method of publicity?
Newspaper/Magazine/Internet Blog/Public Twitter Profile/”Town crier” (doesn’t matter how small the publication is)
Other examples of the public method?
Front page or in the middle (probably not much difference) Small regional newspaper vs. large (probably not much difference) Other Examples -Posting a Large Sign outside of Garage: Brents v. Morgan -Making comments in a public restaurant over several days: Biederman’s of Springfield Inc.
Prong 2?
Was it a private matter?
Question for Private Matter?
Was the Matter Widely known, or Just Known to a few people? -sexual or medical in nature generally private… -Daily Activities generally public/public domain
Private Matter Factors?
Who Is P? [Public v. Private person] Where was P? [Public v. Private place] What did P Say/do? [usually issues of sexual or medical in nature] [Public v. Private material]
Public v. Private Person Factors?
Public Person -Voluntary vs. Involuntary –Sipple=Involuntary as regards Pres. Ford incident/But Voluntary as regards his out status (to the gay community) Private Person –Graham=44 y/o mother w/ 2 sons/chicken farms wife/never left alabama
Private Place Definition?
“Where general public has no right to resort” BLD
Public Place Examples?
Restaurant/Bar Public Park Open Air Market=NOT PRIVATE/Gill v. Hearst Avail themselves of the public? -Unoffensive Voluntary Pose in public place=NOT PRIVATE MATTER/Hearst