JOURN 4000 1nd EditionExam #3 Study Guide Lectures 24-32: Lecture 24-Nancy 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 printSodomy 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 offensive2. 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 tracingPrivacy 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 1st Amendment -Prohibit government agencies from releasing data without written consentExceptions 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 HillLecture 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 crimeSC 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 issue1989- 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. WadeLecture 26- MK 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 overPresidential Records Act- national archives get presidential records you have access to themAccess 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 prisonerOpen 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 person2. Public interest Appropriation Elvis Presley FoundationDrones intruding into privacyPhones phone taps fines, not jail time no reasonable expectation of privacyBartnicki 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 27-Newt 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 notaware of that -Ignorance is a defenseRecording:-Most states allow you to record a convo -Feds, ok if you are a party in the convo-Depends based on the stateMO-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 privacyDr. 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 ‘75Cop case:-Cop is a public official, public has the right to know what they’re doing Gerarldo Rivera-Secretely tape judge for segmentPsychic 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. Fraud2. Breech of contract3. TrespassMisrepresentation: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