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Privacy

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by

Nichole Kazimirovicz

on 22 January 2015

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Transcript of Privacy

Which one could be a depiction of "slander"?
Or...
THE GAME
Which one of the following is a public figure?
Which one of the following is NOT a defense for libel?
Andrea suspected that Todd H. had started a sports betting business during school hours, a violation that could get him suspended and kicked off of the hockey team. She drafted the article and submitted it for editing. Todd found a copy of the article and denied any involvement with the betting.
LIBEL OR NOT?
LIBEL OR NOT?
Jessica went to Disney World for Spring Break and was interviewed by the paper for an article titled “Stellar Spring Breaks.” When the article was published, it stated that Jessica went to Sea World instead.
Which of the following is not required to win a libel suit?
Which of these can not be protected with copyright?
Ryan was in charge of the celebrity gossip column. He wrote that Justin Timberlake was not dating Mila Kunis, but the “not” was lost in editing.
LIBEL OR NOT?
LIBEL OR NOT?
John had a blog and in response to his post about a recent exam, Kelly posted that another student, Mary, had cheated. Mary did not cheat and wants to sue John because the statement was published in his blog.
School's cannot regulate "lewd and vulgar" speech when...
Dylan has a blog of his own and in response to his post about the same exam, Erin posted that another student, Megan, had cheated. Megan did not cheat on the exam, and Dylan was furious that Megan had been accused of cheating. Dylan wants to sue Erin for libel.
LIBEL OR NOT?
Which of these would not be a "fair use" of a copyrighted work?
COMMENT
NEWS REPORTING
SATIRE
PARODY
Which one of the following is NOT copyrightable?
What is the landmark Supreme Court case prohibiting regulation of student speech with a "material and substantial" disruption?
TINKER
MORSE
ROE
Which case stated students don't leave their First Amendment Rights at the Door?
FRASER
It is funny.
It is political.
It occurs off-campus.
It doesn't cause disruption.
Published
False
Told to 3rd Person
Spoken to the defamed person
Opinion
Truth
Joking
Which person is libel proof?
Which one is libel per quod?
Which one is not a fair use factor?
Purpose of the use
Effect on the Market
Humorous nature
Amount of the work used
Which One is Libel per se?
Which one is a parody?
LIBEL OR NOT?
Katelyn loves to tweet her opinions about various musical artists at her school.

One day, she tweeted that she had an inside scoop and that the drums on Brandon’s latest homemade recording were not actually played by him, but were actually pre-recorded through a drum machine.

Brandon was unable to sell any more copies of his recording because no one wanted to listen to a drum machine.

Brandon did actually play the drums on the recording though, and he decided to sue Katelyn.
LIBEL OR NOT?
Joe Green, wrote an article about the new lunch lady's cooking. The article was called, "Students Rebel Against New School Cook."

His article said the cafeteria food was "not fit for a dog to eat" and "contained hair." The article called for the school to hire a new cook "with better credentials."

Last week, the school newspaper was printed. The lunch lady, Ms. Crane, was fired around the same time.
MSU Law First Amendment Clinic
Privacy Law
FALSE LIGHT:
PRIVATE FACTS
Misappropriation
Intrusion
There is no "right to privacy" mentioned in the Constitution.
The Supreme Court
Where does it come from?
Types of Privacy Rights:
False Light
Private Facts
Misappropriation
Intrusion
Is
this
libelous?
ELEMENTS:
Publication and identification of the plaintiff
Substantial falsity
Highly offensive to a reasonable person
Reckless disregard for the truth or knew the implication was false
A paper published a humorous article about a 100-year-old woman who requested time off from her mail carrier job because she was pregnant.

However, the paper ran it with an image they already had from when they profiled an elderly woman in a previous issue...
A high school newspaper published an article about a group of students who got suspended for lewdness at a recent dance.

However, they ran a general picture of students dancing at the dance - not a picture of the students who got suspended.
Publication of...
Prohibits the publication of private information about an individual.
ELEMENTS
Public disclosure
Of Private facts
Offensive to a reasonable person
No legitimate public concern
Public Disclosure
(Requires more than the publishing standard for libel)
Usually involves publication
and
distribution
Private Facts
Is Shia LaBeouf an
actual cannibal
?
Is this video libelous?
What about Shia's privacy rights?
Online Privacy
Public v. private posts
You don't know who's watching...
Glendale Unified School District
Cynthia Moreno
What about this?
#privatefacts?
Offensive to a reasonable person!
Would
you
be humiliated??
Legitimate Public Concerns
Individual's privacy rights
#balancing test
Public's right to know
What about these examples?
How can we make this safer to use?
If its known, it's not private.
Refers to things that you wouldn't want people to know about.
Medical History
Sexual History
Academic Information
The unauthorized use of someone's likeness for commercial purposes.
Elements of Misappropriation
Using a person's image or likeness
without his or her consent...
For a commercial purpose.
TWO TYPES OF MISAPPROPRIATION:
Right of publicity
Right to privacy
Right of publicity
Famous people have a heightened right to their likeness because their celebrity status has a lot of commercial value.
Gita Hall
Fashion model, who was active in the 1950s and 60s, is suing
Mad Men
producers for using her image in the opening credits without her consent.
Frank Sivero is suing Fox for $250M...
claiming that
The Simpsons
creators stole his likeness to create the character Louie.
Holographic celebrities
A celebrity doesn't have to be alive to enforce his or her right to publicity.
O'Bannon v. NCAA
O'Bannon sued the NCAA, arguing that college athletes should be compensated upon graduation for the apportionment of their likeness in video games.
$40M settlement
Right to privacy:
Protects the Average Joe from humiliation and embarrassment - or even just lack of compensation.
Imagine seeing
that
on vacation...
Newsworthy
EXCEPTIONS
Consent
If a likeness is being used for a newsworthy purpose, then it is not being used for commercial gain.
Somebody gives you permission to use his or her likeness.
Consent can be limited to a certain purpose or to a certain time period!
Jessica Alba refused to model for Playboy...
So Playboy misrepresented themselves as Columbia Pictures, got their hands on some
Into the Blue
promotional materials, and used Jessica's image on their cover despite her express refusal to participate.
Is this newsworthy?
Does it matter that it's newsworthy?
How would
you
feel?
Prohibits the intrusion into someone's personal privacy and physical solitude without his or her
consent
...
...even when the story is
newsworthy
!
A journalist's access is no greater than any other member of the public.
Recording phone calls, conversations, and meetings...
You need the consent of at least one party.
The federal statute and most states consider your consent good enough. (Michigan wants the consent of all parties.)
It is almost always against the law to record conversations that you're not a party of and that you wouldn't overhear.
DON'T DO IT!
#RestaurantExamples
Is this libelous?
Full transcript