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Privacy Law

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by

Alica Danesh Jesrai

on 19 July 2014

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Transcript of Privacy Law

Privacy Law
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched and the persons or things to be seized.
4th Amendment
Appropriation
You are entitled to your own space
Intrusion upon solitude: reporters wrongfully use microphones, surveillance cameras, and other forms of eavesdropping
Restraining orders
Ron Galella, "1st Paparazzo"
Jackie Onassis (1st Lady, Married to JFK) Ron was obsessed w/ Jackie
1973 Arrested & Restraining order
Intrusion
Creation of false impression: publicizing people in a false light
Do not put people in a false light-especially in photos.
Do not take something in one context and put it into another context, especially if the new context may be defamatory
ex: using photo of a celebrity in an advertisement as a false product endorsement
False Light
Is this information the public must know
Do public officials and figures have a right to keeping some aspects of their life private?
Is the information of legitimate public interest?
Do journalists have a special 1st Amendment privilege to break the law in pursuit of a legitimate news story that will advance the pubic interest?
Food Lion vs. ABC 1996
Hidden cameras, undercover reporting
fraudulent resumes
exposed Food Lion sells spoiled meat
ABC liable for fraud, trespass, disloyalty
Private Facts
Fourth Amendment
Appropriation
Protects individuals from unauthorized commercial use of their names, photographs, and other aspects of their public persona (face, talents, body,voice, etc.)
Appropriation of identity: appropriation of a person’s name or likeness for commercial purposes (i.e. celebrities find their images used without their permission)
Kim Kardashian Old Navy, Melissa Molinaro
Do We Have Privacy Anymore?
How has social media changed privacy?
Full transcript