Public Disclosure of Private Facts Flashcards

1
Q

Tort 2?

A

Public Disclosure of Private Facts

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2
Q

What two rights does the tort weigh?

A

[BALANCE BETWEEN RIGHT OF PRIVACY AND FREEDOM OF SPEECH/PRESS]

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3
Q

What is PDPF Rule?

A

(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)

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4
Q

What is a possible issue that may arise during PDPF?

A

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

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5
Q

Prong 1?

A

Was there Publicity?

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6
Q

Two Methods for Publicity?

A

Private Method and Public Method

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7
Q

What is the private method?

A

”so many people that it is “substantially certain to become public knowledge”; Email, Fax, Restricted Website [amount of people/types of people matter]

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8
Q

Minority rule for the private method of publicity?

A

Special Relationship test

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9
Q

What is the special relationship test?

A

If P has a special relationship with D (others that receive the private information), then Prong 1 is satisfied

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10
Q

Examples of special relationships?

A

Small intimate group of co-workers–>Not company wide Book Club Soccer League Extended Family

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11
Q

What is the public method of publicity?

A

Newspaper/Magazine/Internet Blog/Public Twitter Profile/”Town crier” (doesn’t matter how small the publication is)

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12
Q

Other examples of the public method?

A

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.

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13
Q

Prong 2?

A

Was it a private matter?

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14
Q

Question for Private Matter?

A

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

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15
Q

Private Matter Factors?

A

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]

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16
Q

Public v. Private Person Factors?

A

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

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17
Q

Private Place Definition?

A

“Where general public has no right to resort” BLD

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18
Q

Public Place Examples?

A

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

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19
Q

Public Place Exception?

A

If conduct captured is: INVOLUNTARY, INSTANTANEOUS, and ENMESHED IN EMBARRASSING POSE

20
Q

Examples of involuntary, instantaneous and enmeshed in embarassing pose?

A

Graham Case/Fun House=YES -Female/Instantaneous/Obvious/1964 McNamara/Soccer Case=NO -Male/Not instantaneous/No one notices/1990

21
Q

Public v. Private Material Factors?

A

How many ppl told? -1 person vs. 60 ppl Who Was told? Why were they told? [Was there a public policy reason for telling?]

22
Q

Examples of when people told was still private?

A

Close friends & Family=Private Other in vitro couples=Private Support Groups=Private

23
Q

Examples of when people told was not necessarily private?

A

Private Online Groups=Maybe –Is everyone accepted? Vs. Stringent Religious Community/Cult=Maybe Reporters=Maybe –Virgil=Voluntary, but revoked consent prior=Private –Green=Said no comment, but spoke openly=Maybe Private

24
Q

Examples of when there was a public policy reason for telling private matters?

A

Safety Report –Telling police after crime=Private For own Mental Stability –Telling family/friends after trauma=Private

25
Q

Examples of when not a public policy reason for telling?

A

Columbian Judge, w/ Columbian bounty on head, told businesses who she was out of convenience=Public

26
Q

Prong 3?

A

Was it Highly Offensive to a Reasonable Person? [Higher Threshold than IUS] [Overlaps w/ Prong 4]

27
Q

HORP Rule?

A

Must expect casual observations and nosiness regarding ordinary daily activities Minor annoyances are not enough Must be Offensive/Indecent

28
Q

HORP factors?

A

When was it (standards change)? What is the material? How was it disseminated?

29
Q

Examples of HORP analysis?

A

Graham=Photograph of Naked Body (involuntarily exposed)=Yes Green=Photograph of dead/dying son=Maybe HORP Filmed being removed from Bar by False Arrest=No HORP (BUT FURTHEST THE COURT WOULD GO)

30
Q

Prong 4?

A

Was it Legitimate Public Interest (aka was it Newsworthy)? [1st amendment interest] (could be simply entertainment value) [Overlaps w/ Prong 3]

31
Q

3 Tests For “Legitimate Public Interest”?

A

Leave it to the Press Customs and Conventions Logical Nexus

32
Q

Leave it to the Press test?

A

Let the press decide Issue=Debate about who is the press

33
Q

Customs and Conventions test Rule?

A

Is it newsworthy to the custom of the community, OR Is it just morbid/sensational prying

34
Q

Examples of Customs and Conventions rule finding public interest?

A

Sipple=Newsworthy because (1) dispel public opinion that gay people are not heroic (2) Raise questions about Pres. Ford’s Discriminatory attitude Shulman=Car Accident=Public

35
Q

Logical Nexus Test Rule?

A

[Apply Customs and Conventions (above), then ask] Is Private Matter Connected enough to the Newsworthy Event?

36
Q

Majority Approach to finding there is a “connection”?

A

Does it add “something” to the reporting?

37
Q

What does something mean?

A

Does it add: Credibility Urgency Adequacy Immediacy Impact?

38
Q

Examples of the Majority Approach?

A

Something= Gilbert=including dr’s name, psych history and marital problems into article Howard v. Des Moines Reg=Names of involuntarily sterilized “strengthened accuracy” OutlierRoss v. Midwest=Rape victims name published in article about potential innocence of convicted man Shulman=Work of Medical Workers=Public –Anyone worker talks to “adds to it” Diaz=A jury may find a connection between a person being transgender and her fitness for office, even when Court can find “very little” Neff=Intoxicated Fan w/fly down, voluntarily posing, for an article about crazy Steeler’s fans=Legitimate public interest Haynes=Non-Fiction book: reporting true facts about real people is Needed to show that the problems in book are real. —Posner=Changing names is not sufficient, because it would eliminate the ability to create non-fiction books…make everything fiction

39
Q

Minority Approach to finding there is a connection?

A

Must be necessary to write/communicate information

40
Q

Examples of the Minority Approach?

A

Starving Glutton=Disease was of public interest, BUT P’S IDENTITY WAS NOT “CAN TELL STORY W/O NAME”

41
Q

Last question to ask for Newsworthy?

A

Was it an Autobiography?

42
Q

What is the autobiography rule?

A

Private Info can be published when it is sufficiently related to a broader topic of Legitimate public concern [There is a presumption that D can tell their own story, hard for Pl to win]

43
Q

What is the autobiography rule when 3rd party info is published?

A

Disclosure is protected (by 1st amm. Rights of speech) AS LONG AS there is -Sufficient Nexus between –the 3rd party private details and –Issue of Public Concern

44
Q

Examples of issues of public concern?

A

Bonome=Non-consensual Sexual contact, relationships w/unknown incurable disease

45
Q

Breach of Confidentiality Tort Rule?

A

Duty of Confidentiality –Medical professional/Atty/Counselors et al. Breached duty