3-1-2016 Notes MC 401
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This 2 page Class Notes was uploaded by Meagan Mowery on Sunday April 3, 2016. The Class Notes belongs to MC 401 at University of Alabama - Tuscaloosa taught by Bunker in Summer 2015. Since its upload, it has received 25 views. For similar materials see Law and Regulation in Journalism and Mass Communications at University of Alabama - Tuscaloosa.
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Date Created: 04/03/16
3/1/2016 Privacy Law Privacy Basics Torts of Privacy NOT the same as Constitutional Right of Privacy Torts of Privacy evolved from Warren & Brandius article in Harvard Law Review, “The Right to Privacy.” W&B employed a clever strategy Their creation evolved into our current Torts of Privacy. The Four Privacy Torts 1. False Light 2. Intrusion (into Seclusion) 3. Appropriation (aka Right of Publicity) 4. Publication of Private Facts (aka Private Facts) 1. False Light: Definition: Presenting a person in a way other than he/she really is Test: (1) offensive to a reasonable person (2) done w/knowledge of falsity of reckless disregard for falsity of statement. What does (2) sound like? Actual malice. False Light vs. Libel Libel False Light Reputation Plaintiffs Feelings Publication to one person “widely disseminated” “Bad” can be favorable/neutral Cantrell vs. Forrest City Mrs. Cantrell: Plaintiff: Lost her husband in a bridge collapse. Year later, a story on how everyone is coping with it. Her face was stoic. (She was not that affected with it) He makes up a story because she wasn’t there. They publish a story that she wasn’t very sad about the strategy even though she was. False light case. Neutral/favorable case. “Less major harm.” 2. Intrusion Definition: Invasion of a person’s solicitude or seclusion by physical, electronic, or mechanical means. Example: Erin Andrews case Note: intrusion is a tort of newsgathering, NOT publication. Significance? Test: Does plaintiff have a reasonable expectation of privacy? Bar, Classroom: No Own a historical house, couch on porch sitting: No Privacy fence/wall: Yes Curtain: Yes Blinds are open: No Examples
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