JOURN 4000 1nd Edition Exam 3 Study Guide Lectures 24 32 Lecture 24Nancy Kruzan 1990 car accident Persistent vegetative state Too young to have said what she wanted to happen to her Can the father take her to a state that would allow assisted suicide SC said yes MO feeding and hydration tubes can be removed Russian exchange student autoerotic asphyxiation Sychov Anything said in open court right to print Sodomy case in Tribume00 will now not print name of defendant if it will identify the victim Sexual assault reporting Claire McCaskill Ricky Barger working for Louisville Courier Journal Shot at newsroom picture printed Test 1 Highly offensive 2 Legit public concern Newsworthy Barger family sued Kentucky court ruled 2 1 said it s newsworthy SC let it stand Nushawn Williams Spreading HIV Content tracing Privacy Act of 74 5 USC 5529 Right to privacy after US government Protect individuals against government abuse against personal data What kind of files are being kept on you Privacy Act prohibits government from keeping records violating 1 st Amendment Prohibit government agencies from releasing data without written consent Exceptions Federal Freedom of Info Act 1966 88 Amendment matching and privacy act Federalization of records Federal government is telling states how they will keep their records Student records FERPA 20 USC 1232 Post 9 11 Investigation prosecution of terrorism AG of US can ask court for info the school has about you that relates to a prosecution of an act of domestic terrorism Robert Bork video rental records are private Anita Hill Lecture 25 Megan s case Sex offender moved in across the street raped and murdered her Received death sentence Sexual offenders must register with state office that tracks them Megan s law Missourian printed list of sex offenders with addresses ex post facto law law the criminalizes an activity before it was a crime SC sex offender laws are reporting not criminal laws not ex post facto Lack of due process No hearing to determine danger SC said it was the same thing MO no retroactive laws Persistent sex offender can t live within 1000 feet of a school or daycare MO SC said no retroactive application sex offenders already living there didn t have to move Sex offenders can t leave their house on Halloween Driver s license records Privacy principle info turned over to gov for one purpose should not be turned to other parties for other purposes without written consent Rebecca Schaeffer shot by Robert Bardot after obtaining drivers license info Restrictive legislation concerning license info then passed Can the feds tell the states how to keep records SC power of commerce laws Congress can pass such laws REAL ID act Privacy and the feds Enforced drug testing done by gov privacy issue 1989 Railway accident mandatory drug testing Puts lives in dangers allowed to drug test Customs employees can also be drug tested Political candidates No Schools can Griswald vs Connecticut 1965 7 2 SC struck down criminal contraception law Penumbra formed by emanation Penumbral rights Used in Roe v Wade Lecture 26MK Ultra Executive privilege Richard Nixon Turn over records for in camera inspection Subpoena for docs in Watergate executive privilege Nixon said SC said n o he has to turn them over Presidential Records Act national archives get presidential records you have access to them Access to prisons Asking for a privilege not demanding a right Some prisons won t allow you to ask for a specific prisoner don t want to create a celeb prisoner Open meetings Voidable everything you did in public is void Actions done privately that should have been done in public Knight redistribute money among public campuses meeting in St Louis Joint and several liabilities Private facts 1 Offensive to a reasonable person 2 Public interest Appropriation Elvis Presley Foundation Drones intruding into privacy Phones phone taps fines not jail time no reasonable expectation of privacy Bartnicki vs Vopper Struck down wire tap law Crime to disclose wire oral or electronic communication Clean hands concept did not do interception Newt Gingrich Monica Lewinsky Linda Tripp Can you legally record a convo you re a part of Depends on the state Lecture 27Newt Gingrich phone convo Couple were fined 1 000 for intercepting convo gave to McDermott McDermott leaked to media knew tape was obtained illegally Barnicki vs Vopper did not apply Linda Tripp Recorded convos between Monica Lewinsky and herself Not interception Didn t violate law because Maryland law is a two party consent state unless the recorder is not aware of that Ignorance is a defense Recording Most states allow you to record a convo Feds ok if you are a party in the convo Depends based on the state MO one party law Recording FCC FCC used to require consent to air convos Beep tone to let knkow recording is occurring Record consent to be recorded FCC is enforcing consent requirements Hidden cameras mics Does the person have a reasonable right to privacy Dr Plumber Dietemann v Time 71 Life magazine reporters cooperating with LA district attorney Transmitter in purse other reporter in a car outside with a tape recorder Brought privacy suit against Life magazine won 1st Amendment cannot intrude into someone s home office Not even if a person is accused of a crime Mental distress caused by invasion of privacy Illinois was the first state to make tape recording without consent illegal in 75 Cop case Cop is a public official public has the right to know what they re doing Gerarldo Rivera Secretely tape judge for segment Psychic case Under what circumstances does a person have a reasonable expectation of privacy Lecture 28 Food Lion vs ABC False employment story reporters are hired 1 Fraud 2 Breech of contract 3 Trespass Misrepresentation Desnick vs ABC Misrepresentation to get in the door isn t wrong Hidden cameras to do stories Video Voyeurs Protection Act of 2004 Upskirting Reasonable expectation of privacy can t get images of your body Invasion of privacy knowingly photographing videoing a person without consent if the person is nude or partially nude and the other distributes the video image Standing in OJ Simpson flight attendant ABC filmed what was going on surprised flight attendant at house and broadcast it Ron Galella and Jackie Onassis Stalked her to point of physical harm Sued her saying she tried to interfere with his job she countersues Cannot harass public or private figures Arnold Schwarzenegger Open heart surgery