Justice Louis Brandeis characterized privacy a. as the right to be let alone.
Privacy as a legal doctrine is stated and protected overtly in American founding documents
Nineteenth-century industrialization and technological advances in print media increased public concerns about privacy issues.
Tort law applies only to individuals
Publication of embarrassing facts that are widely known or previously published is actionable
Most private facts cases are won by the plaintiffs even if the stories are newsworthy.
Stories dealing with medical or intimate health conditions are generally actionable
Republication of a newsworthy event several years later is generally an actionable invasion of privacy
The fundamental purpose of the tort of intrusion is to protect people from invasion of their property by the media
People have a legitimate expectation of privacy in public places
Journalists have greater rights than other citizens to enter private property to get a story
As a rule, journalists should not enter private property to get a story, even if invited to do so by police or fire fighters, unless the owner of the property grants consent.
False light plaintiffs must prove actual malice.
In fictionalizations, disclaimers are a fail-safe way to prevent false light claims
The juxtaposition of file photos to text is often the cause of false light claims.
Distortion can occur when information is inappropriately juxtaposed with other information
The tort of appropriation alleges mental harm based on unwanted publicity.
The right to publicity is like a property right that protects public persons from the use of their names or likenesses for financial gain without authorization
The use of look-alikes and sound-alikes in advertising can lead to appropriation or right-to-publicity suits
The "news exemption" principle is this: that it is not a violation of publicity for news publications to suggest, without consent, that celebrities endorse their publications
The press is generally protected by the courts when naming rape victims.
The intent of the Privacy Act of 1974 is to keep individuals from knowing what information the government has collected about them
The juror selection process should be closed to the press and the public, according to the Supreme Court.
The Buckley Amendment (or FERPA) requires that campus crime statistics be kept private
No reasonable expectation of privacy
Absence of malice
It was passed by Congress on October 26, 2001 (six weeks after September 11th attacks)
It is a state-to-state information-sharing database containing criminal, public, and commercial information about citizens
It increases surveillance powers (such as wiretapping)
It increases government surveillance powers in searches of records held by third persons
The privilege to be free from testifying at judicial proceedings
Protection from newsroom searches by law enforcement agencies
The privilege to not reveal the identity of a confidential source
The privilege to break a promise of confidentiality to a source
It is a criminal case
The reporter is an eyewitness to a crime
The reporter is a party in a libel lawsuit
It is a grand jury case
It is a civil case
All states have shield laws
The federal government has a shield law
The Attorney General's guidelines as to whether to issue a subpoena to journalists are similar to the three-part Branzburg test
State shield laws are virtually identical
The Privacy Protection Act of 1980 makes it impossible for law enforcement to get a search warrant for newsrooms
Promises of confidentiality to sources can be legally enforced
When journalists are served with a subpoena they should destroy all story documents to preserve source confidentiality
Journalists cannot be jailed for refusing to testify