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JOURN 4000: EXAM 3
You have clean hands but you think somebody trespassed to get the information they gave you. Explain what you need to determine before you print the information: |
Is the information private |
The California car wreck was a spectacular and tragic. The helicopter took the injured woman to the hospital. A TV station ran footage from inside the helicopter in an ad for a program on emergency care. The woman sued. Explain who won and why. |
Woman won because there is a reasonable expectation of privacy inside of the helicopter + patient consent is required before shooting |
Putting lipstick on a pig pales in comparison to making a poor little piggy climb a ladder and jump into water to swim toward a milk bottle. In the diving piggy case, Braun v Flynt, Braun won punitive damages from the trial court for false light and for defamation. what is the principle that appeals court set in the Braun case? |
double dipping - can't win both defamation and false light |
Say that a film crew filmed the little piggy doing its diving act and then aired footage, from the first little piggy step on the ladder until the end. What is the problem with airing this footage that the Supreme Court identified in the Zacchini case?
|
Filming the "entire act" is detrimental to the performer/performance. |
Virgil, the surfer dude, withdrew consent before Sports Illustrated published its story about him. What did the court say about withdrawal of consent? Who won the suit and why? |
You can withdraw consent at any time before publication; however, Sports Illustrated won because the story was newsworthy.
|
Say a magazine did a story about an athlete that made the athlete look like a gangster. If the athlete wanted to sue for false light in Missouri, what would Missouri courts say? |
Missouri doesn't use false light |
Say the magazine made the athlete out to be a great orator, war hero, artist, and on and on. What might Missouri courts say if the athlete wanted to sue? |
It would not use defamation. It may use false light but probably not because the athlete wasn't harmed and the article increase flattery. |
In Maryland, Linda Tripp recorded Monica Lewinsky. Maryland is a two-party consent state. But Linda got off because of this odd defense in Maryland. |
ignorance |
you are in Missouri and make a phone call to Illinois. May you tape record the conversation without the other person's consent? |
Yes |
you are in Illinois and make a phone call to Missouri. May you tape record the conversation without the other person's consent? |
No |
You are in Missouri and tape record. May you broadcast the recording without consent? |
No |
In Bartnicki v. Vopper, the Supreme Court struck down that portion of the federal wiretap law that said you could not do what?
|
Broadcast illegally obtained information. |
Oliver Sipple saved then-President Ford's life, but Sipple's family deserted him after learning he was gay. Sipple lost his suit. What was the successful defense? |
Public Domain |
The "Dr. Plumber," Mr. Dietemann, sued Life (owned by Time, Inc.) and he won. What is a major principle from that case?
|
There is an expectation of privacy in one's home and office |
The "psychics" in California won their case.
What is a major principle from that case? |
There is no reasonable expectation of privacy from your co-workers, but there is an expectation of privacy from the outside world. |
What is a major principle from the Missouri in vitro fertilization case involving a woman who was five months pregnant with triplets, Jewish Hospital in St. Louis, and a TV station? |
The issue was newsworthy, but the woman was not. |
In New York, Nushawn Williams, who had HIV-AIDS, had unprotected sex with many young women. Public health authorities tracked down 10 or so of them who tested positive for HIV. Explain whether authorities could release information on Williams to the public. |
Yes; the information was of public interest. |
Restatement (Second) of Torts says one who gives publicity to private matter is liable if material publicized is... |
1. Non-newsworthy/not of public interest
2. regarded as horrible to a reasonable person |
According to the Supreme Court, authorities may not demand urine samples from whom to test for illegal drugs? |
politicians |
A record contains public and private information. A public governmental body strips out the private information and releases the public info |
redaction |
The public governmental body gives you the information you request in the form you want. This is called ______ |
tailoring |
A public governmental body decides not to handle the records. Then the requester can't get the records from the public governmental body. This problem is called _______
|
privatization |
The school board is scheduled to have an open meeting. To legally close the meeting in Missouri, the board must do the following two things: |
- cite the law that gives board the right to close meeting
-take a vote to close meeting |
The Briscoe time-lapse doctrine: What was its purpose and what is its current status? |
purpose was to prevent others writing negative things from past
-court overturned Briscoe and said you can't re-write history |
In "intrusion into seclusion" cases, the major question to ask is this: |
is there an expectation of privacy? |
The rape trial is set to begin. May you legally name the rape victim? |
yes |
ay you have won your case in Missouri. A public governmental body illegally denied you access to records. Four defendants now owe you your reasonable attorney fees. In Missouri, we have "joint and several liability." What advantage does that give you? |
It means you can go to 1 of those 4 attorneys to get your money. And that attorney must contact the three others to pay their part.
|
In Missouri, there is a presumption that records are open. What advantage does that give you? |
You don't have to ID yourself or have special privilege to access records. |
You are working in the public interest. You ask for records. You should also ask for what concerning fees (two things)? |
Waiver or reduction |
The Privacy Acto of 1974 says agencies may not keep records about what kind of activities? |
First Amendment Activities |
Say President Obama decides he does not want you to get some presidential records. He might try to claim what to shut you out of information? |
executive privilge |
Poor Ron Galella. He just wanted to take pictures of her and her children-while grunting. He'd show up anywhere-in restaurants, when she was getting her hair done, when she was in Central Park... Who was she?
|
Jackie Omssis |
In Missouri appropriation cases, the Missouri Supreme Court says to use what test? |
Lantam Test |
You lied. You said you had a toothache, but you didn't. You wanted to get inside the dentist's office to see if he really was trying to sedate all his patients. Explain whether your misrepresentation means you trespassed in the dentist's office: |
No you didn't trespass because there
is no expectation of privacy in a public dentist office. Misrepresentation alone isn't enough for trespassing. |
Is it legal for adults to possess obscenity featuring adults? |
yes |
According to the Roth case, why don't obscenity deserve First Amendment Protection |
what's obscene to kids may not be to adults |
To be obscene, material has to include |
sex or excretory functions |
In Pope v. Illinois, the Court made obscenity law a little more liberal by saying that what standard should be used for the "SLAPS" test of Miller |
common sense person |
Define "variable obscenity" |
What is obscene to kids may not be to adults |
John lived in Illinois, where he sold obscenity over the Internet. Dave downloaded John's porn in Utah. John then went to trial in Utah. The standards of what community would apply? |
Utah |
In 2008, the Supreme Court struck down the federal law that prohibited offers to provide child pornography or requests to receive child pornography. |
false |
Robert Mapplethorpe's case involved pictures in a 175-picture exhibit. He won his case because "work as a whole" meant the whole exhibit, not individual pictures |
false |
In 2004, Gov. Arnold Schwarzenegger settled out of court with a company that had manufactured a bobble-head doll of him that held an automatic gun. The new doll held no gun, and a portion of its sales went to his non-profit "Arnold All Stars" after-school program. If the governor had wanted to do so, he could have sued using the Lanham Act. What does this federal law allow plaintiffs to get that might hurt more than money damages? |
Injunction |
Woody Allen used the Lanham Act when he sued a clothing manufacturer that used a celebrity look-alike to hawk its clothing. The portion of that Act that the Allen court used prohibits "false designation of ______?" |
Origin |
Dustin Hoffman also used the Lanham Act when he sued a magazine that did a "Grand Illusions" piece that dressed his "Tootsie" character up in designer fashions. (The "Creature from the Black Lagoon" wore Nikes.) Hoffman lost because of this defense: |
Creative use |
Back to Schwarzenegger, two photographers stopped his car, boxing him in to take photographs of him leaving a hospital after open-heart surgery. What penalty did the two photographers get?
|
Jail |
A lovely woman was walking down a street in Washington, D.C. A film crew was video-taping her. The crew could safely do so because of this doctrine: |
Standing in |
Later a Tv Station broadcast footage of her while saying that some people were walking around not knowing they had herpes. Assume she's healthy. What is the tort? |
false light |
Say you want to use footage of that woman or anyone else in a different context. In order to be legally safe, what do you need to get? |
consent |
"Intrusion into seclusion" is closely related to this other tort:
|
trespass
|
What is the "pure" privacy area, not related to any other tort? |
Private Fact |
"The Greatest" Muhammed Ali, collected for the picture of him naked in a rink on a Playgirl cover, but the two poor women who got "Asshole of the Month" award from Huster did not. What was the the distinction between the cases so that he won but the women lost? |
Muhammed Ali's picture was purely used for commercial use but the women who received the award didn't receive money because it was used for commentary. |
Sandra Hyde was abducted at gunpoint by a redheaded assailant driving a red car. Now Missouri law says that the ____ and ____ of a victim may not be used by news media while the assailant is still at large. To do so would violate the law of ______ |
-name
-address
-negligence |
Regina Mae Armstrong, a 6-year-old Florida girl, was also abducted. Construction workers found her little skull, and a TV station, without warning the family, then broadcast videotape of her skull. The Florida court said this constituted the tort of ______. Briefly define that tort: |
outrage
If a reasonable person finds it highly offensive |
Megan Kanka, a 7-year-old girl, was raped and murdered in New Jersey. This led to federal law concerning what type of records? |
Sex offender records |
Robert Bardo was obsessed with TV star Rebecca Schaeffer. Briefly, what did Bardo do, and how did it affect law nationwide? |
He got Rebecca's address from the DMV and then killed her. This led to a federal law concerning driving records and the requirement of "opting in" to make that information public. |
What is the name and date of the case where the Supreme Court said there is a constitutional right to privacy? |
Griswold vs. Connecticut (1965) |
The issue was whether a state could outlaw use of ____ |
contraceptives |
The Court says privacy is what kind of right? |
Penumbral |
The Supreme Court finds privacy in the "halo" of three constitutional amendments. What are those three amendments, and what do they provide?
|
-3rd: quartering soldier in times of peace
-4th: unreasonable searches and seizures
-5th self incrimination |
The courts also mention the 9th Amendment, which says: |
the people have enumerated rights not listed in the constitution |
Ginger Rogers lost her suit over Fellini's "Ginger and Fred" movie because of what defense? |
Creative Use |
"It fell from the sky," the fire marshal said to the reporter as he pointed to a smoldering something that landed on a farmer's tractor in a field. Unfortunately, the dead farmer was inside the tractor. In some jurisdictions, the reporter could safely be in that field with the fire marshal, without consent, under this doctrine or defense: |
Implied consent of custom |
The reporter's newspaper could use a picture of the farmer's dead body using this defense: |
newsworthiness |
Say the farmer is alive and tells you to get off his property. Say a lot more things have fallen from the sky, making many smoldering craters in his field. how could you safely get a picture of his fields if he won't give you consent to be there? |
Aerial Photos |
An explosion had destroyed part of a house. The police got a search warrant. They then invited a reporter to accompany them on a raid—a "meth bust." Explain what the most likely consequences are for the reporter and the police if the reporter goes into the house on the raid.: |
Reporter: trespassing
Police: exclusionary rule |
Say a reporter/photographer wanted to go to the site of the "meth bust" to get pictures. Explain how he or she could do so and still be safe: |
stand in across the street, get permission from someone who has possessory interest |
"Sleek and sexy"—that's what the ad for a hair conditioner said. The ad featured a Faith Hill look-alike, but it also had a disclaimer saying it was a look-alike. If Hill sued, would the disclaimer be enough for a defense? |
No |
No relation to Faith Hill, the Hill family was held hostage by three rather polite convicts. Then the family's ordeal got blown out of all proportion with a novel, a play, a movie..... The father hired attorney Richard Nixon. The Supreme Court said that in order to win false light, the family would have to prove: |
actual malice |
it's the editor's nightmare. the text reads just fine, but if the editor had some outside or extrinsic knowledge, the editor would realize this is a case of libel |
per quod |
TermIn the fabricated quotes case, the Supreme Court made clear that not every change in a quotation would lead to a libel suit, but a "_____" change could. In that case, the high Court threw out the Ninth Circuit's test on fabricated quotes the "rational interpretation test." Why did the Supreme Court throw out that test? |
-material
-Rational Interpretation test was thrown out because the test was subjective |
What does missouri require |
That the plaintiff prove fault |
For book reviews, what is the (easy) test to pass? |
supportable interpretation |
At common law, there were four areas where slander plaintiffs didn't have to prove money damages in order to win. Name three of the four slander per se areas: |
1. loathsome disease
2. committed a crime
3. bad in business |
You live in state X. No there state has jurisdiction over you without what kind of contacts? |
minimum |
The statute of limitations in Missouri for libel law is generally ___ |
2 years |
Fifteen months after an alleged libel, a missouri resident filed suit in missouri against Kansas newspaper. What statute would Missouri courts use to dismiss the suit?
|
Borrowing |
Under the Zippo test, you clearly could not be dragged outside your jurisdiction to stand suit if you had this kind of Web site: |
Passive Website |
Under the Zippo test, you clearly could be dragged outside your jurisdiction to stand suit if you did this over your website
|
Business |
In Gutnick, an Australian court asserted jurisdiction over Dow Jones. What was the court’s
reasoning?
|
Jurisdiction is anywhere material is downloaded |
What is the major principle in Rico Law and can you use it to bring a privacy suit? |
Racketeering
-No |
Can you use telescopic lenses for "Standing In" |
No |
What is implied consent based on? |
custom |
What are the questions you need to ask to make it newsworthy? |
-Is this legit concern to the public?
-Would this photo be offensive to a reasonable person? |
What do you have to prove for false light cases?
|
actual malice |
What did Vanna White sue for? |
appropriation of identity |
Dr. Rachel Ehrenfeld. Her case led New York to pass, and helped the federal government to pass, what kind of law? |
Libel Terrorism Protection Act |