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Ch.5 notes - EXAM#2 Ch.4 Libel(Sullivan and on Ch.5 privacy...

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EXAM #2 Ch.4 Libel (Sullivan and on) Ch.5 privacy Ch.7 political speech Ch.12 Constitutional right of access (505-511 in ch.11) Right of access to jails and courts What makes a strong open records law Vassilades v. Garfinkels o Highly offensive disclosure o Plastic surgery is of public interest, ut not Ms. Vassiliades can not lawfully put a bug in an electronic device o Lawful only when an officer is doing it for a search warrant Partipcant monitoring= Person who is recording is a party to the conversation o -under federal law is lawful o Most states laws agree with federal (including Georgia) o Recent example- NPR convention Muslim man saying governmet should nto even support public radio Diedaman’s case o Quack doctor office o 9th circuit ruled he had an expectation of privacy In very private place, it may be an intrusion for someone to secretly record even if doing something illegal Buffalo blogger o Question of the impersonation Pretended to be Mr.Coke o If you represent yourself as someone other than you are in this case law may not necessarily be too harsh on you o Can not impersonate a police officer or a billionaire Bartnicki
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o Lawfully obtained information of public interest o Hard lines to draw as to whether or not public interest BJF o An example where law is more generous False light o Close to libel o Casting of someone other than what they really are Could be postivite and could be negative Something wrong with being poverty stricken? o A lot of cases in documentaries Claim artistic freedom Fictionalizes a case Privacy Origin in Harvard Law Review Samuel Warren, Louis Brandeis Right to be let alone Privacy protects dignity of individual Origins in law of trespass, copyright Protects integrity of personality Nearly 50 states have privacy laws. Constitutional Privacy Bedroom: contraceptives, abortion, sex Penumbras: 1 st Amendment 2d, 4 th ,5 th , 6 th , 10 th Privacy of information Access to records to correct mistakes FERPA FOIA: Foster photos HIPPA Data privacy Privacy torts 1. Private facts 2. Intrusion trespass 3. False light 4. Commercial appropriation 5. Related: emotional distress
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1. Private facts tort defined Highly offensive disclosure of private information that is not of legitimate public concern . Private facts tort --Highly offensive disclosure. --Private, intimate information. --Not of public concern, not newsworthy Private facts tort Very narrow tort. Most revelations not sufficiently offensive or not sufficiently lacking in public interest to result in judgement for plaintiff. Private facts tort First Amendment protects almost all publication of --truthful, --lawfully acquired information --of public importance, even if publication is embarassing Private facts tort Intimate information dangerous to publish or broadcast: illness, mental disorders, medical procedures, disabilities, the body.
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