3-8/3-10-2016 Notes MC 401
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This 5 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 32 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
3/8/2016 Discussion: Hulk Hogan case in Florida Secret recording- participant monitoring One party knows recording is going on Is this a crime? In most of the states it’s not a crime. Florida: Athlete at FSU, prosecuted for a recording A tort? (Dietemann v. Time, Inc.) Doctor from California. Really a Plummer. Time magazine goes and pretends to be patients in his own house. It’s his house. That’s what intrudes on his privacy. Dietemann wins the case. What about broadcasting? No permission, the FCC can come after you. Cops private places; violation of intrusion? Yes. Doesn’t matter if the cops are there, you still don’t have the right to intrude on someone else’s property. Entering private profperty with the police (ride along) is very dangerously lately. Police have a right to be there (search warrant) – you don’t. Private Torts 1. Appropriation (aka Right of Publicity) Definition: Unauthorized commercial use of a person’s name, likeness, ETC., Especially in an advertising/PR/marketing context. Typically involves a celebrity, but not exclusively. Video game cases muddy the water here. Defenses: (1) Newsworthiness (2) Consent -Have it written -scope & duration Private Facts 2. Publication of Private Facts – Communicating private, often humiliating, information to the public that is not of legitimate public concern. You can be liable for truthful information via this tort!!! Plaintiff must show: (1) Publication is highly offensive to a reasonable person; (2) Publication is NOT newsworthy. Private Facts (Cont.) Frequent Fact Patterns: Sexual matters Physical or mental health Criminal Activity Eccentric Behavior Examples: Diaz v. Oakland Tribune (1983) Student body pres of local college (diaz), Tribune published a column that they were transgendered. Great links to conceal this. Private: The person didn’t want it out there. Sipple v. Chronicle Publishing (1984) Oliver Sipple, Woman tries to shoot president. Sipple had stopped her. Never reveal sexual orientation. He sued that he was gay cause it was private but he had already told a lot of people that he was… Difference between these two cases? Time typically does not alter result – once a public fact, always a public fact. Once something is out there, it’s out there. Matters of public record, e.g., criminal conviction, are not private facts. Private Facts meets the first amendment 1 is higher in law Conflict 1 : protects PF: prevents Cox Broadcasting v. Cohn (1975) ATL TV station. Raped girl. Also murdered. Father died. Broadcasted dead girl. Invasion of privacy. NO. Florida Star v. BJF (1989) also a rape victim. Police records. Newspaper. Not a very experienced reporter. Publication of private facts… but… In both cases, Frist Amendment trumped privacy rights of victims. 3/10/2016 Discussion: Hulk Hogan case in Florida Pras Michel (Rapper) Recap: Private facts: Keep that private information private. Have to be widely disseminated? Yes. Main defense? Newsworthiness. Intrusion: Want that you didn’t get? Want to write to privacy in an area where you can have privacy. Right to a private secluded moment. Publicly disseminated? No. Publication is irrelevant. Minute you intrude is the tort. Main Defense? Not reasonable. Unreasonable. Wasn’t your private place. Test: reasonable expectation to privacy. False Light: Plaintiff wanted but didn’t get: to be represented accurately in front of the public. Disseminated? Yes. Has to go out to a whole bunch of people. Really good defense? It really is the truth. Appropriation: Living person wants? Right to control commercial uses of your persona. Voice, etc. Public Dissemination? Yes. Defense? Consent. Especially in writing. Summary of Privacy Torts 1. False Light- protects right to be represented accurately. Good defense: truth. 2. Intrusion- protects right to a scheduled moment. Good defense: No reasonable expectation. 3. Appropriation – protects right to control commercial uses of one’s persona. Good Defense: consent. 4. Private Facts – protects private info about plaintiff. Good Defense: Newsworthiness. Infliction of Emotional Distress (Intentional/Negligence) What is Infliction? Conduct that is outrageous and exceeds the bounds of decency so far as to be intolerable in a civilized community. Tort is also known as “Outrage” In Florida: “The Tort of Outrage” Infliction Tort vs. First Amendment Larry Flint. Founder of Hustler Magazine. Jerry Falwell talks about his first time. Everyone knew he wouldn’t say these things. Oh he really had sex with his mom? No. He’s upset. Hustler v. Falwell (1988) Jerry Falwell (public figure), televangelist, sued Hustler and publisher Larry Flynt for libel, false light, and infliction of emotional distress (intentional!) Ad parody portrayed Falwell in despicable manner Libel and false light failed – why? Supreme Court said ad was “gross and repugnant” but still protected Hustler against Falwell’s infliction claim. Supremes: Public figures who seek infliction damages must show actual malice just as in a libel case. Holding prevents “end run” around First Amendment by bringing infliction claim rather than libel. Scary to allow juries lose with ambiguous infliction standard. Snyder v. Phelps (2011) – very fact specific holding Father of this young man that was killed, sued. Victory for church: political speech, might not like it, but it’s about the country and it’s policies. Didn’t do it right in the guys face. Didn’t even see it that day. See’s it on TV. Not in his face at his son’s funeral. Protected speech. Armstrong v. H & C Communications demonstrates that infliction isn’t dead yet – still a threat to media. Infliction is not dead. Orlando. TV news operation. 20 years ago. Young girl kidnapped, disappears. 9 or 10 years old. Find her remains. TV news operation goes to the place and asks about the dead girl, they say yes they have it and they even show the news people… get it on camera. The guy let them in to let them get videos of bones, skull… !!!! They decide to put it on the air… News director says, “F it, lets run it.” Family see’s it on the TV… little sister distraught. Wins the case… large $$$ won in case for the family.