privacy pp slides

privacy pp slides - Tort A tort is a an injury and a type...

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Tort A tort is a an injury and a type of lawsuit. Libel is a tort. There are four privacy torts, four ways the media can invade an individual’s privacy and four types of legal claims that can result. All torts are common law.
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Brandeis and Warren They first suggested the common law right of privacy in a Harvard Law Review article in 1890.
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1. Appropration The use of a person’s name or image for a commercial purpose without that person’s permission Celebrities sue for a violation of their right to publicity Private people sue for emotional distress, shame and humiliation due to commercialization of their identities
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Appropriation defenses 1. Newsworthiness 2. Consent
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Appropriation cases 1. Here’s Johnny portable toilets 2. Bette Midler sound-alike case 3. Flake v. Greensboro News Co. (1938) 4. White v. Samsung Electronics (1992)
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2. Intrusion An offensive physical, electronic or mechanical invasion of another’s solitude or seclusion. No publication is required. This takes two forms: trespassing and surveillance.
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Intrusion (trespassing) Going onto private property without the consent of the owner
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Intrusion (trespassing) Florida Publishing Co. v. Fletcher (1977) established a common custom and usage defense.
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