Invasion of Privacy

A.                 Types of privacy issues:

1.                  disclosure of matters of no public interest occurs when the item...

a.                  was published

b.                  was likely to be offensive

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

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

a.                  fictionalization

b.                  distortion

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

1.  The "press" may, in general, observe, record and photograph that which occurs in public places.

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

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

4.                  intrusion (invasion of private space) occurs when the target is...

a.                  not in a public space

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

c.                  state laws (which can vary) prohibit it.

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 in the future

3.                  Constitutional defense

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