Term
| Samuel D. Warren & Louis D. Brandies |
|
Definition
| The two men who wrote an article in the Harvard Law Review to argue for a "right to privacy" |
|
|
Term
1)Appropriation
2)Intrusion
3)Disclosure
4)False Light |
|
Definition
| Dean William Prosser arranged the law of privacy into these 4 separate torts: |
|
|
Term
| Fletcher v. Florida Publishing Co. |
|
Definition
| Woman who complained about a newspaper photographer entering her burned down home and taking a picture of her daughter's silhouette. FLORIDA WON |
|
|
Term
| Middler v. Ford Motor Co. |
|
Definition
| Celebrity singer who sued Ford for using a soundalike ad. MIDDLER WON, her likeness was used. |
|
|
Term
| McCall v. Louisville Courier Journal |
|
Definition
| Man who sued when reporters sent woman with recording equipment. LOUISVILLE JOURNAL WON |
|
|
Term
| Sipple v. Chronicle Publishing Co. |
|
Definition
| Man who sued for being revealed as a homosexual. Given the circumstances, his sexual orientation was considered "newsworthy." CHRONICLE WON |
|
|
Term
| Briscoe v. Reader's Digest |
|
Definition
| A man who sued a magazine that disclosed his criminal past. BRISCOE WON, his identification was no longer necessary in the story. |
|
|
Term
| Sidis v. F.R. Publishing Co. (1940) |
|
Definition
| A man who sued when he was called an "April Fool" for his failure to live up to an early promise. Former Harvard student who graduated at 16, boy genius. F.R. WON, once famous you cannot avoid publicity. |
|
|
Term
| Dietmann v. Time Inc. (1971) |
|
Definition
| Man who sued when undercover reporters came to his home. Home is someone's castle, DIETMANN WON. |
|
|
Term
|
Definition
| After winning her student government election, it was revealed that she was formerly a male. |
|
|
Term
| Cantrell v. Forrest Publishing Co. |
|
Definition
| Sued after her family was wrongly depicted as destitute following the death of the father. Reporter interviewed children and called them dirty. CANTRELL Sues for "false light" instead of libel and WINS! |
|
|
Term
|
Definition
| Sued when a newspaper broke the state law about the naming of rape victims. |
|
|
Term
| Smith v. Daily Mail (1979) |
|
Definition
| Sued when a newspaper broke the state law about naming of youthful offenders. |
|
|
Term
| Cox Broadcasting v. Cohn (1975) |
|
Definition
| The family sued when their daughter, who had been raped and killed, was named in a newscast. |
|
|
Term
| Gill v. Hearst Corporation |
|
Definition
| The Gills unsuccessfully sued over the use of their photo in a story about "love making the world go round." |
|
|
Term
| Gill v. Curtis Publishing Co. |
|
Definition
| The Gills successfully sued over the use of their photo in a story about "the danger of love at first sight." |
|
|
Term
| Virgil v. Sports Illustrated |
|
Definition
| He admitted in an interview to injuring himself on the job to collect money. |
|
|
Term
|
Definition
| This case put the malice standard into the tort of false light. Based on the hostage situation endured by the family, a book, movie and play were all written. TIME went into the old house and acted out scenes and posted the pictures in their magazine. |
|
|
Term
| The case that introduced malice standard into the false light tort of privacy. |
|
Definition
|
|
Term
|
Definition
| A news crew was sued for intrusion for taping in a restaurant under health code investigation. LeMistral WON. |
|
|
Term
|
Definition
1) Newsworthiness
2) Plain view defense (Mark v. King Broadcasting)
3) Only appropriation defense- Permission |
|
|
Term
|
Definition
| Overturned previous case, Bowers v. Hardwick (1986); Private sexual conduct is no longer a crime. Overturned the Texas law and 12 other states that still prohibited anal and oral sex. |
|
|
Term
| Pavesich v. New England Life Insurance Co. |
|
Definition
| Paolo Pavesich, an artist, sued insurance company for using his likeness in an advertisement without permission. Artist WON. |
|
|
Term
| Response to the Cox & Smith cases |
|
Definition
| Media can now release the names of youthful offenders and rape victims. |
|
|
Term
|
Definition
| MOST CITED PRIVACY CASE. The Bill of Rights, taken together, adds up to privacy that bars the state from involving itself in individual's sexual relations. Banning of birth control unconstitutional and reversed. |
|
|
Term
|
Definition
| SCOTUS overturned laws against abortions and said they were a private matter during early stages of pregnancy. |
|
|
Term
| Zachchini v. Scripps-Howard Broadcasting |
|
Definition
| The Human Canonball's entire act was broadcast based on "newsworthiness." The court said that because the entire short act was shown, they had in fact crossed the line. |
|
|
Term
| Haelan Labs v. Topps chewing Gum (1953) |
|
Definition
| Eventually allowed baseball players to control the use of their name, "right to publicity." |
|
|
Term
| Lugosi v. Universal Pictures |
|
Definition
| Family wanted to keep rights to publicity from father (Dracula) but were told by the courts they could no longer receive money from his publicity. Publicity was a personal right that could not be inherited. LUGOSI loses. |
|
|
Term
| Factors v. Pro Arts (1981) |
|
Definition
| Elvis Presley's rights to publicity died with him. |
|
|
Term
| Exceptions to Right to Publicity |
|
Definition
1)Cannot benefit from a crime, ex: writing a book from prison.
2) Can't give away spy secrets. |
|
|
Term
| Intrusion Rules (Pearson v. Dodd) |
|
Definition
1)Cannot possess original document.
2) Cannot have commissioned the theft. |
|
|
Term
|
Definition
| Only privacy tort that occurs long before publication! |
|
|
Term
| Mark v. King Broadcasting |
|
Definition
| Pharmacist was taped from outside his store window, court ruled that things in plain view cannot be intruded on. |
|
|
Term
|
Definition
| Lashinsky arrived first on the scene to gory accident, was ruled as criminally intruding because he interferred with a law officer. |
|
|
Term
|
Definition
| Media ride-along case, the officers were entitled to the defense of immunity. (Wilson was father of arrested man) (Layne was the officer) |
|
|
Term
| Williams v. KCMO Broadcasting Co. |
|
Definition
| African-American male was arrested with no evidence in connection to rape crime, picture and name was run on the evening news while he was held at police station. |
|
|
Term
| McNamera v. Freedom Newspapers |
|
Definition
| Photograph used in paper depicted McNamera chasing a soccer ball and his junk hanging out of his shorts. Considred newsworthy, and was taken in public place, McNamera loses. |
|
|
Term
| Neff v. Time dba Sports Illustrated |
|
Definition
| Neff featured in picture with fly open, though he gave permission for the picture to be taken. Full knowledge and encouragement for the picture, Neff loses. |
|
|
Term
|
Definition
| Woman shown on broadcast accompanying the narration "20 million Americans have herpes" valid FALSE LIGHT claim, WON CASE. |
|
|
Term
|
Definition
| False Light case, biography written about baseball player claimed Spahn had received a military honor that was untrue. Spahn won. |
|
|
