Invasion of Privacy

A.                 Types of privacy issues:

1.                  disclosure of matters of no public interest

a.                  was published

b.                  was likely to be offensive

c.                  was not about newsworthy issue (not public record)

2.                  false light  publication of material that distorts the real story (cropped photo)

a.                  fictionalization

b.                  distortion (pig lady in pornography mag.)

3.                  appropriation  using a likeness, name, without permission - esp. for profit

1.  "Press" may in general observe and record and photograph that which occurs in public places.

2,  The press has no special rights to violate ordinary laws such as trespass, theft

3.  Police can't "legalize" invasions of privacy by bring media with them.

4.                  intrusion invasion of private space

a.                  not in a public space

b.                  there’s no reporter right to trespass, steal, etc.

c.                  state laws vary

B.                 Defenses against charges of privacy invasion

1.                  Consent (to specific use is not necessarily for all later uses)

2.                  Newsworthiness NOW - not at some time

3.                  Constitutional defense

a.                  in false light cases if the issue is of public concern the plaintiff must show malice,  or if private information is lawfully obtained from public documents