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Intrusion Private Facts False Light Appropriation
Privacy
Intrusion: Public Places
Private Places◦ Consent: explicit or implied
Dietemann v. Time (1971) But other cases since have offered protection
◦ Police Ride-Alongs Wilson v. Layne (1999)
◦ Recording Phone Conversations
Intrusion: Private Places
Private Facts
It is illegal to publicize private information about a person if the matter that is publicized:a) would be highly offensive to a
reasonable person, and b) is not of legitimate public concern or
interest.
Public Interest Trumps All
Cape v. Bridges, 1982
Naming Rape Victims◦ Cox v. Cohn (1975)◦ Florida Star v. BJF (1989)
Naming Rape Victims
◦ You post it—it’s out there◦ What about if others post it?
Social Media and Online Sites
False Light
It is illegal to publicize material that places an individual in a false light if:a) the false light in which the individual was placed
would be offensive to a reasonable person, andb) the publisher of the material was at fault when
the publication was made.
Similar to Libel
Photo selection
False Light Examples
Appropriation
It is illegal to appropriate an individual’s name or likeness for commercial or trade purposes without consent.
Right of Privacy◦ “Shame and humiliation”
Right of Publicity (famous people)◦ You have right to control your
image/name/likeness Extends to characters you have played Can be passed on to heirs after you die
◦ Look-alikes and sound-alikes Bette Midler/Ford Vanna White/Samsung
Appropriation: Rights
Exceptions◦ Consent◦ News◦ “The Booth Rule”◦ Political Ads◦ Transformative Value
Artistic statement/parody
Appropriation: Exceptions
Exceptions◦ Consent◦ News◦ “The Booth Rule”◦ Political Ads◦ Transformative Value
Artistic statement/parody◦ Person not identifiable
Appropriation: Exceptions