Mmc 4200 Exam 2
MMC 4200-Spring 2012
Review Sheet for Second Exam
Copyright©2012 Prof. Sandra Chance
Chapter 5- Privacy
1. Where did the right to privacy come from? • Development of the 20th century and often traced back to an 1890 article in the Harvard Law Review written by Samuel Warren and Louis Brandeis who argued that advances in technology and the voyeurism of urban newspapers necessitated new legal protections for privacy. • The right to privacy is protected by the U.S. Constitution. (The right to be let alone and free from unwarranted governmental intrusion.) • because "gossip had become a business," argues that it was rooted in the individual's dignity in the law of copyright and trespass • Right to privacy isn't in the Constitution, new added on expressed right
2. What are the four torts of privacy? • Private facts • Intrusion: a physical or technological invasion of a person's privacy • False light: public portrayal of someone in a distorted or fictionalized • Appropriation: unauthorized commercial exploitation of someone's identity
3. What are the elements for a private fact case? Publication of a private matter that is: (1) highly offensive to a reasonable person, AND (2)is not of legitimate concern to the public. -TRUTH is not a defense. -Must be widely published. -publication of information that is "so intimate" and the publication of which is "so unwarranted" as to shock or "outrage the community's notions of decency"
4. What are the defenses to a private fact case? • First Amendment – Protects most truthful information lawfully acquired IF not highly offensive to a reasonable person and of legitimate concern to the public. • Newsworthiness – Public Records and Occurrences – Strange and Unusual? – Newsworthiness over Time • Consent
5. What are the elements of intrusion? - Reasonable expectation to privacy - Intentional invasion of a
Review Sheet for Second Exam
Copyright©2012 Prof. Sandra Chance
Chapter 5- Privacy
1. Where did the right to privacy come from? • Development of the 20th century and often traced back to an 1890 article in the Harvard Law Review written by Samuel Warren and Louis Brandeis who argued that advances in technology and the voyeurism of urban newspapers necessitated new legal protections for privacy. • The right to privacy is protected by the U.S. Constitution. (The right to be let alone and free from unwarranted governmental intrusion.) • because "gossip had become a business," argues that it was rooted in the individual's dignity in the law of copyright and trespass • Right to privacy isn't in the Constitution, new added on expressed right
2. What are the four torts of privacy? • Private facts • Intrusion: a physical or technological invasion of a person's privacy • False light: public portrayal of someone in a distorted or fictionalized • Appropriation: unauthorized commercial exploitation of someone's identity
3. What are the elements for a private fact case? Publication of a private matter that is: (1) highly offensive to a reasonable person, AND (2)is not of legitimate concern to the public. -TRUTH is not a defense. -Must be widely published. -publication of information that is "so intimate" and the publication of which is "so unwarranted" as to shock or "outrage the community's notions of decency"
4. What are the defenses to a private fact case? • First Amendment – Protects most truthful information lawfully acquired IF not highly offensive to a reasonable person and of legitimate concern to the public. • Newsworthiness – Public Records and Occurrences – Strange and Unusual? – Newsworthiness over Time • Consent
5. What are the elements of intrusion? - Reasonable expectation to privacy - Intentional invasion of a