Term
|
Definition
Intentional, unauthorized entry
Civil and criminal prosecution
No FA protection |
|
|
Term
| Food Lion, Inc. v. Capital Cities/ABC, Inc. |
|
Definition
Tip about unsanitary practices
reporter posed as employees and used hidden cameras to caputre deli activities
Outtakes showed that it wasn't as bad as ABC made it out to be |
|
|
Term
| What was the outcome of Food Lion v. ABC? |
|
Definition
| Food Lion sued ABC for fraud and trespassing but no defamation. Jury awarded Food Lion $5.5 M but the award was overturned and instead Food Lion was awarded one dollar from each reporter |
|
|
Term
|
Definition
If the person who trespasses is given obvious consent or their is an implied custom or usage than it isn't trespassing.
For instance, if someone shoots a movie in the park, it is implied that if you are in the park too you don't have privacy, it is PUBLIC! |
|
|
Term
| Fl. Publishing Co. v. Fletcher |
|
Definition
A Fire marshall allowed a photog into a fire scene because he needed pics of the incident and the family got mad and sued for trespassing. however, the court ruled that it was an implied custom and bc the fire marshall allowed him in it wasn't trespassing.
the outcome of this case would prolly be different at the federal level bc a fire marshall's invite wouldn't be enough. |
|
|
Term
| Are we guaranteed a rigth to privacy? |
|
Definition
WE are not guaranteed a right to privacy according to the constitution but there are some state stuatues that allot a privacy extension
For instance: Florida grants us the right to be left alone |
|
|
Term
|
Definition
First time the Supreme Court really laid down a right to privacy
1,3,4,5,9 amendments of the constitution are some of the amendments where the court thinks there is an extension of the right to privacy |
|
|
Term
| Supreme Court has only identified privacy rights in certain situations...which are |
|
Definition
Privacy about stuff with your doctors
Privacy of a very personal nature
right to an abortion, for instance would be based on privacy bc that would be a woman's privacy between he and her doctor |
|
|
Term
|
Definition
| It is illegal to intrude physically or otherwise upon the seclusion or solitude of an individual. |
|
|
Term
|
Definition
| There are certain places that the courts think it it is obvious no one has the right to privacy. For instance, courts say the bedroom is the epitome of a privte place but that public places like a park are NEVER private!!! |
|
|
Term
| Three places where there is no reasonable expectation of privacy |
|
Definition
photo of a crime victim in a public park
A woman answering her front door
dining room of a public restaurant |
|
|
Term
| Three places where there is a reasonable expectation of privacy |
|
Definition
office or workplace
workshops/classes
Emergency medical situations |
|
|
Term
|
Definition
doesn't have anything to do w/ privacy but it has to do with harassment
for instance, if a paparazzo is too persistant (like the one with Jackie O) than the subject can get a protective order |
|
|
Term
| Youtube video we watched in class |
|
Definition
| Gawker Stalker was a youtube video on CNN that talked about a celebrity map that would tell readers up to minute info on where they could find celebs. |
|
|
Term
T/F
California law protects persons "engaging in a personal or familial activity" |
|
Definition
|
|
Term
|
Definition
Two reporters from life magazine agreed to work with LAPD and police tried to arrest Dietemann bc he was running a doctor's practice from his home w/o a license.
Reporters acted like a couple in need of medical advice while secretly recorded the transaction and Dietemann sued bc he beleived he had a right to privacy.
HE won. |
|
|
Term
| What are the SPJ Guidelines (self-regulation) adopted by SPJ and Poynter |
|
Definition
| You should only use hidden recording equipment when the info is extremely important and profound or if the harm that is prevented than the harm that would be incurred by the deception |
|
|
Term
| COPPA (Children's Online Privacy Protection Act) |
|
Definition
Is constitutional
Basically gives power or authority to the FTC that try to gather info about children
Law defines children as under 13
allows parents to edit or delete any info that kids provide to the website
difficult to enforce tho bc there are so many websites constantly changing |
|
|
Term
|
Definition
Illegally Gathered information
Ilegally intercepted a phone call between a teachers union negotiator and president
radio commentator played portion of the convo |
|
|
Term
|
Definition
| government must demonstrate that the reporter has info clearly relevant, the info can't be ontained by alternate means and it is compelling and overiding in info (when revealing news sources) |
|
|
Term
|
Definition
| A supreme court decision that appeared to say that journalists do not have constitutional protection whan they refuse to reveal their news sources. However, lower courts have relied on the peculiar configuration of concurring and dissenting opinions in Branzburg to create a limited FA privilege for journalists. |
|
|
Term
|
Definition
| Supreme Court held that confidential communications made to licensed psychotherpapists were protected by a federal common-law privilege |
|
|
Term
|
Definition
idea originated from an 1890 Harvard Law Review article.
Two attorneys argued that advances in technology made it less private life for people. |
|
|
Term
| Restatement (Second) of Torts |
|
Definition
| says theat the publication of private info that would a) be higly offensive to a reasonable person and b) is not of legitiamate concern of the public means that info isn't newsworthy. |
|
|
Term
|
Definition
| Intrusion is a tort of info gather, not a tort of disseminating info by publishing or broadcasting. Intrusion is often done electronically but trespassing requires a physical invasion of someone's property. |
|
|
Term
| Defense against Trespassing |
|
Definition
| Consent defensing, if a person allows the person to enter or if it is assumed that they are allowed to be there. |
|
|
Term
|
Definition
| locking up of jury during a trial |
|
|
Term
|
Definition
| termm used for the process of question potential jurors before selecting a jury for a trial |
|
|
Term
| Remedies to prejudicial publicity |
|
Definition
changing location o the trial
importing a jury
delaying the trial
conducting different trials for defendants charged with the same crime |
|
|
Term
|
Definition
| changed jury pool rather than location of trial |
|
|
Term
|
Definition
| legal term for postponing a trial |
|
|
