Deck 6: Protecting Privacy

Question 1

In an advertisement,Creamy Ice Cream shows a woman eating one of the company's ice cream bars.The woman looks just like Sandra Johnson,a pop singer-but it was not Johnson.Johnson,who didn't give permission to the ice cream company,sues Creamy.Johnson will

A)win because she did not give the company permission to use someone who looks like her in an advertisement
B)win because celebrities never can be used in advertisements
C)lose because companies have the right to use famous people in advertisements without permission
D)lose because the woman in the advertisement was not Sandra Johnson

Answer 1

A

Question 2

Which of the following is a true statement about the reasonable expectation of privacy test from the Katz decision?

A)It applies when a person exhibits an actual expectation of privacy
B)It applies when society is prepared to recognize a person's actual expectation of privacy as reasonable
C)It applies when the Fourth Amendment is invoked
D)All of the above

Answer 2

D

Question 3

The magazine Macintosh Computing runs an advertisement for itself in another magazine,PC Quarterly.The ad includes a picture of John Fence,head of Macrosell.John Fence

A)likely will win an appropriation suit under any circumstances because his picture was used without his permission
B)likely will win an appropriation suit if he did not give permission for the picture to be used,even if the picture had been used in a Macintosh Computing article
C)likely will not win an appropriation suit if the picture had been used in a Macintosh Computing article
D)likely will not win an appropriation suit even if the ad shows John Fence saying "Subscribe to Macintosh Computing"

Answer 3

C

Question 4

Which Amendments are considered to protect different aspects of personal privacy?

A)Third & Fourth
B)Third,Fourth,and Fifth
C)Third,Fourth,Fifth,and Fourteenth
D)Fourth,Fifth,andFourteenth

Question 5

Which federal government agency protects consumer privacy and enforces federal privacy laws?

A)Congress
B)The Federal Communication Commission (FCC)
C)The Federal Trade Commission (FTC)
D)The Federal Bureau of Investigation (FBI)

Question 6

A false light plaintiff must prove the story

A)made him or her appear to be someone he or she is not
B)said negative things about the plaintiff
C)injured the plaintiff's reputation
D)was seen by a third party
E)a and d above

Question 7

When a judge talks about a transformative use in a right-to-publicity case,the judge is referring to

A)using the plaintiff's likeness in a product the defendant can sell
B)transforming a right to privacy claim into a claim for the right to publicity
C)a use that takes a person who is a celebrity in one field and transforms that celebrity to another field,such as making a musician into a TV actor
D)a use that is not a literal reproduction of the plaintiff's likeness,but a use in which the defendant has added a creative element to the likeness,such as making it a parody of the likeness

Question 8

Which of the following could lead to a successful intrusion lawsuit?

A)Walking across someone's lawn to a window and taking a picture through a small opening in the drapes
B)Hacking into someone's computer
C)Standing on a public sidewalk and taking a picture through someone's open front door
D)All the above
E)A and B above only

Question 9

Most of the recent Supreme Court cases involving privacy are directly tied to which Constitutional amendment?

A)Fourth
B)Third
C)First
D)All of the above

Question 10

If courts in a state rule that the right of publicity is a property right,that means

A)the right of publicity does not survive a person's death
B)the right of survival protects famous people only
C)the right of publicity survives a person's death
D)personal rights survive a person's death

Question 11

The best defense against an intrusion lawsuit is

A)the defendant had the plaintiff's consent
B)the story is newsworthy
C)conditional privilege
D)the First Amendment

Question 12

False light differs from libel because

A)in false light,a plaintiff must show the statement was substantially true; in libel,a plaintiff must show the statement was false
B)in false light,a plaintiff must show the statement would highly offend a reasonable person; in libel,a plaintiff must show injury to reputation
C)false light involves only statements that make the plaintiff seem better than she or he is; libel involves statements that make a plaintiff seem worse than she or he is
D)there is no difference between false light and libel

Question 13

Jane Johnson was a famous rock star,but retired 20 years ago and withdrew from the public eye.While she was a musician,she stole a very valuable diamond ring from another musician.She quickly returned the diamond,was not arrested for theft,and only her brother knew about the incident.Last week,Spy Magazine published an article revealing the theft.Johnson sued Spy Magazine for private facts.

A)Johnson will lose because she did not keep the theft private
B)Johnson will lose because passage of time does not change the story's newsworthiness
C)Johnson will win because she is not newsworthy 20 years after she retired as a musician
D)Johnson will win because a story about a musician stealing a diamond is not newsworthy

Question 14

A radio commercial uses the voice of a singer sounding remarkably like Lilly Jones singing part of her hit record,"Fainting." The singer is not Jones.To avoid an appropriation lawsuit for a "sound-alike" problem in the advertisement

A)the ad cannot use Jones' name
B)the singer's voice must be disguised
C)the ad must include a disclaimer saying,for example,the singer is not Jones
D)there is no problem; sound-alikes can be used in radio ads under all circumstances

Question 15

A reporter falsely tells a homeowner she is from the county assessor's office,a government agency.The homeowner admits the reporter into the house.Later discovering the reporter's true identity,the homeowner sues for intrusion.The homeowner likely will

A)win the intrusion suit; nothing further will happen to the reporter
B)win the intrusion suit; the reporter may face criminal charges
C)lose the intrusion suit; the reporter may face criminal charges
D)lose the intrusion suit; nothing further will happen to the reporter

Question 16

Which recent Supreme Court case held that a police officer cannot search a suspect's smartphone without a warrant?

A)City of Ontario v.Quon
B)Riley v.California
C)Florida v.Jardines
D)United States v.Jones

Question 17

A professor is crossing the university lawn on his way to the library.She is walking with a man who is not her husband.A newspaper photographer,standing on the sidewalk in front of the library,takes a picture of the couple and the picture appears in the next day's paper.The cutline says,"Professor Janine Jones and Sam Smith enjoy the spring air." The professor would have a good case for

A)appropriation
B)intrusion
C)private facts
D)false light
E)none of the above

Question 18

Sally,a reporter for the Daily Sun,is at a detective's desk in the police station.There is an official folder open on the desk.Without touching the folder,Sally is able to see a document containing the name of a minor who had been arrested for burning down his parents' garage.Sally writes a story about the arrest,including the minor's name.The minor's parents sue Sally and the Daily Sun for private facts.Sally and the Daily Sun will

A)win because minors cannot bring lawsuits
B)win because Sally lawfully obtained,and the Daily Sun published,truthful information from a public record
C)lose because Sally did not have the police detective's permission to look at the document in the folder
D)lose because it is against the law to reveal the names of minors arrested for committing a felony

Question 19

The way courts accept and apply the four privacy torts

A)is consistent among all states
B)varies from state to state
C)shows that the four privacy torts are recognized in all states
D)both B and C above
E)none of the above

Question 20

A reporter meets a fire truck at a huge blaze engulfing a large house.The reporter asks the fire fighters if she can follow them into the garage attached to the house,which is the one part of the building not yet covered in flames.The fire fighters say "yes," and the reporter follows the fire fighters into the garage.The homeowner

A)likely will be able to successfully sue the reporter for intrusion,but only if the reporter refused to leave when the homeowner told her to leave
B)likely will be able to successfully sue the reporter for intrusion if the homeowner did not give the reporter permission to be in the house
C)likely will be not able to successfully sue the reporter for intrusion if the fire fighters truly believed they had the right to give the reporter permission to follow them into the house
D)likely will be not able to successfully sue the reporter for invasion of privacy if the fire fighters had a good reason to tell the reporter she could enter the house

Question 21

Generally speaking,courts are applying the transformative use test to affirm First Amendment rights in lawsuits that involve movies,video games,and television.

Question 22

In general,intrusion can take place if there is a reasonable expectation of privacy.

Question 23

Successful appropriation suits may be based on advertisements,posters,and news stories.

Question 24

Courts in all states allow plaintiffs to bring false light lawsuits against the mass media.

Question 25

A newspaper photographer who is on a public sidewalk never can commit intrusion.

Question 26

Privacy first was brought to the attention of judges and lawyers through an 1890 law review article by Warren and Brandeis.

Question 27

To win a private facts lawsuit,the standard a plaintiff must show is the plaintiff revealed the information to no more than a few close friends and/or family members.

Question 28

In United States v.Jones,the U.S.Supreme Court held that physically mounting a GPS transmitter on a car amounts to a search and violates the Fourth Amendment.

Question 29

Which privacy tort is most similar to libel?

A)false light
B)intrusion
C)private facts
D)appropriation

Question 30

What is the First Amendment defense against a private facts lawsuit?

Question 31

The first time a law journal published an article that explained the legal theory about why U.S.courts should recognize a right to privacy was:

A)1920
B)1890
C)1970
D)2000

Question 32

The U.S.Supreme Court has ruled in only two false light cases.In both those rulings the Court held that all false light plaintiffs must prove actual malice to win their cases.

Question 33

In private facts lawsuits,judges use a "bright-line" rule to determine if the story is newsworthy.

Question 34

Phyllis Photo is a photographer for Snoop magazine.One day she is walking through a large sporting goods store,looking for camping equipment.Phyllis sees a door marked "Private-Employees Only." Phyllis glances around to be sure no one is watching,opens the door marked "Private," and quickly takes a picture of a person sitting at a desk.The person is reading a copy of Snoop.Phyllis then quickly leaves the store.Snoop prints the picture in its next issue in an ad for the magazine itself.Under the picture in the ad are the words,"Everyone,everywhere,anytime reads Snoop.Subscribe today!" The person in the picture,Ms.Smith,wants to sue for intrusion.Discuss the important elements of intrusion that Ms.Smith would have to prove and discuss any appropriate defenses.Explain why you think Ms.Smith or Snoop would win.

Question 35

Despite a federal law protecting the privacy of health care information possessed by health care providers and health plans,the law does not cover health information in school records,employment,files or financial records.Courts allow an employer to inspect employees' e-mail,including personal messages,and to listen to their telephone conversations.

Question 36

A person with a television camera sneaks across the mayor's lawn,peeks through barely open curtains,and takes a picture of the mayor in a darkened living room.The photographer decides he has done a terrible thing and exposes the film,so the picture never is printed.The mayor likely will lose an intrusion suit because the photographer remedied the situation by exposing the film.

Question 37

To win a private facts lawsuit,the standard a plaintiff must show is the publication injured the plaintiff's reputation.

Question 38

In the only two false light cases the U.S.Supreme Court has decided,it said all plaintiffs must prove actual malice.Some lower courts also require all false light plaintiffs to prove actual malice.Others require only public officials and public figures to prove actual malice.

Question 39

A successful appropriation lawsuit could be brought for using a photograph of a public official,such as a state governor,in an advertisement without permission.

Question 40

A right of publicity cannot survive a person's death.

Question 41

Joe Brown was rock climbing last month.He slipped and fell,but caught his rope and managed to hold on for 10 minutes,swinging free,until other climbers were able to pull him to safety.A weekly paper,The Moon,ran an article including quotations and thoughts attributed to Brown about the incident.Twenty of the article's 30 paragraphs included quotations and thoughts attributed to Brown,indicating Brown was scared but brave.However,The Moon had not interviewed Brown.The reporter included material attributed to Brown to make the story more dramatic.Brown sued The Moon for (a)appropriation and (b)false light.Is Brown likely to win? Why or why not?

Question 42

Explain the transformative use test and how it is applied when First Amendment protection competes against a right of publicity.

Question 43

Courts have used the transformative use test,the artistic relevance test,and the predominant use test to resolve right of publicity cases in which the First Amendment comes into play.Define the predominant use test.

Question 44

Explain the artistic relevance test and how it is applied when First Amendment protection competes against a right of publicity.

Question 45

Appropriation includes two different torts: commercialization and the right of publicity.Explain these two torts and their differences.