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PRIVACY LAW

PRIVACY LAW. JOUR3060 Communication Law & Regulation. PRIVACY. “the right to be let alone” Anchored to idea that people have the right to personal liberty, to keep and enjoy their property, to solitude, and to be left alone by the government and other people 1. Common Law Origins

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PRIVACY LAW

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  1. PRIVACY LAW JOUR3060 Communication Law & Regulation

  2. PRIVACY • “the right to be let alone” • Anchored to idea that people have the right to personal liberty, to keep and enjoy their property, to solitude, and to be left alone by the government and other people • 1. Common Law Origins • 2. Constitutional Origins – Government Intrusion • 3. Constitutional Origins – Media Intrusion • 4. The Future of Privacy Law

  3. PRIVACY LAW – COMMON LAW ORIGINS • De May vs. Roberts (1881)early privacy case • Samuel D. Warren and Louis Brandeis’ “The Right to Privacy” (Harvard Law Review, 1890)beginning of privacy law • William L. Prosser’s “Privacy” (1960) categories of privacy law

  4. PRIVACY LAW – COMMON LAW • 1. Intrusion upon the plaintiff’s seclusion or into his private affairs • 2. Public disclosure of embarrassing private facts about plaintiff • 3. Publicity which places the plaintiff in a false light in the public eye • 4. Appropriation of the plaintiff’s name or likeness for the defendant’s advantage

  5. PRIVACY LAW – COMMON LAW • Common Law Defenses: • 1. • 2. • 3. • 4. • Technical Defenses: • 1. • 2. • 3.

  6. PRIVACY LAW – CONSTITUTIONAL ORIGINS (GOVERNMENT INTRUSION) • Constitution doesn’t contain the word “privacy” >> limits government’s power to enact laws limiting people’s “right to be let alone” • Marriage, Divorce, Procreation, Parenting, Sexual Orientation, Lifestyle, Medical Information, Suicide, Death

  7. PRIVACY LAW – CONSTITUTIONAL ORIGINS (GOVERNMENT INTRUSION) • Griswold vs. CT (1965) first case recognizing right to privacy • Loving vs. Virginia (1967) inter-racial marriage • Eisenstadt vs. Baird (1972) contraceptives • Roe vs. Wade (1973) abortion • Bowers vs. Hardwick (1986) sexual orientation and acts

  8. PRIVACY LAW – CONSTITUTIONAL ORIGINS (GOVERNMENT INTRUSION) • Constitutional Defenses: • Time Inc. vs. Hill (1967) actual malice • Cox Broadcasting vs. Cohn (1975) newsworthy

  9. PRIVACY LAW – CONSTITUTIONAL ORIGINS (MEDIA INTRUSION) • Roberson vs. Rochester Folding Box Co. (1902) appropriation • Pavesich vs. New England Life Insurance Co. (1905) recognized privacy rights as “fundamental” • Defenses: • 1. 5. • 2. 6. • 3. 7. • 4.

  10. Roberson vs. Rochester Folding Box Co. (1902)

  11. Pavesich vs. New England Life Insurance Co. (1905)

  12. THE FUTURE OF PRIVACY LAW • The Right to Publicity: • Appropriation of likeness • Right of publicity • Zacchini vs. Scripps-Howard Broadcasting (1977) right to performance

  13. Zacchini vs. Scripps-Howard Broadcasting (1977)

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