Deck 5: Privacy

Question 1

The founders wisely included "The Right to Privacy" in the Bill of Rights.

Answer 1

False

Question 2

The Supreme Court ruled in Cox v. Cohn that the First Amendment permits the media to disseminate private information-such as the name of a young rape victim-revealed in a record submitted in open court.

Answer 2

True

Question 3

The Supreme Court has ruled that a citizen has no privacy claim if private information is revealed in a public court record.

Answer 3

True

Question 4

In the case Florida Star v.B. J.F., the Supreme Court ruled that a newspaper was NOT liable for violating the privacy of a rape victim when the newspaper published her name, which was provided by a sheriff's office.

Question 5

Journalists and public relations practitioners hoping to avoid private facts suits should be especially careful to get permission when publishing personal medical information, particularly information about children.

Question 6

While privacy law allows the media great latitude to disseminate private information, courts have ruled that the media may invade a private person's privacy if they gather or disseminate medical information about children or adults without consent.

Question 7

When journalists or public relations professionals shoot pictures and videos of young children receiving therapy at a hospital, the photographers and videographers may need to get written consent from parents and officials.

Question 8

Hulk Hogan often bragged about his wide-ranging sexual adventures, but Gawker paid him $31 million for posting a secretly recorded video of Hogan having sex with a friend's wife.

Question 9

Edward Snowden revealed that the National Security Agency was collecting bulk data about Americans' phone calls and emails without authorization under the Patriot Act.

Question 10

Courts have ruled that it is newsworthy and not highly offensive to disclose the unusual behavior of a surfer, the sexual orientation of a veteran who saved the president's life, the whereabouts of a former child prodigy, and the photo of a partially nude crime victim in a public place.

Question 11

In the case Glik v. Cunniffe, a federal appeals court ruled that citizens have a First Amendment right to record police conducting official duties in a public place.

Question 12

Under the Right to be Forgotten that is recognized in Europe, Google and other American internet companies must, if asked, remove links on their servers (at least within European countries) to nude photos, long-ago convictions for minor crimes, and ads for Nazi memorabilia.

Question 13

Courts have ruled that a photographer intrudes if he or she shoots a couple, without their permission, having lunch at McDonalds, because the couple has a well-established expectation of privacy in any restaurant.

Question 14

Businessman Bob is on a trip with a lover unknown to his wife. Photographer Paul shoots-but does not publish-a picture of Bob and his lover kissing on a public beach. Bob should be able to sue successfully for intrusion.

Question 15

Businessman Bob is on a trip with a lover unknown to his wife. Photographer Paul shoots a picture of Bob and his lover kissing on a public beach. Paul also posts the picture on social media. Bob should be able to sue successfully for publication of private facts.

Question 16

Once private information becomes newsworthy, it may remain newsworthy for years.

Question 17

Broadcasters must tell participants in a telephone conversation if the conversation is being recorded for broadcast.

Question 18

It is legal in a majority of states for a participant to secretly record a conversation.

Question 19

It is unlawful for journalists to tap telephones.

Question 20

Law enforcement officials must always get a search warrant before acquiring records of citizens' phone calls.

Question 21

A photographer for the campus newspaper and website, the Caper, took an award-winning photo of Professor Bong in front of his house during a drug raid at the residence. The photographer was standing on the sidewalk. Professor Bong has no privacy claim against the paper and website if the Caper publishes the photo without Bong's permission.

Question 22

Professor Bong [previous question] has no privacy claim against the Caper and website if the newspaper later publishes the same photo to advertise the great photography readers will find regularly in the Caper.

Question 23

The Supreme Court has ruled that journalists have a privilege to accompany public officials onto private property if the officials have a search warrant.

Question 24

The Supreme Court has ruled that journalists have a privilege to accompany public officials onto private property even if officials have no search warrant.

Question 25

Journalists may commit a trespass if they fly a drone low over private property or an accident scene.

Question 26

Plaintiffs claiming they were cast in a false light in an issue of public interest must prove that the publication was made with actual malice.

Question 27

Zacchini v. Scripps-Howard Broadcasting Co., the human cannonball case, teaches that broadcasters are at risk of commercial appropriation if they broadcast a fragment of an entertainer's act.

Question 28

Unauthorized commercial appropriation of someone's identity can occur in advertisements but usually not in news stories.

Question 29

Some states recognize a right of publicity for the estates of dead celebrities.

Question 30

Federal courts have ruled that manufacturers of interactive video games violate the publicity rights of athletes if the virtual athletes in the video games resemble real athletes.

Question 31

Employees who smile for the camera have given consent for their photos to be printed in company brochures and advertisements.

Question 32

Broadcasters must cut the most violent or dangerous filmed conduct because they have a duty to foresee the harm that may result when viewers copy violent and dangerous programming.

Question 33

In Hustler Magazine v. Falwell, the Supreme Court ruled that a public figure may successfully sue the media for intentional infliction of emotional distress if the publication is "outrageous."

Question 34

The Rev. Jerry Falwell claimed to be "outraged" by the Campari parody advertisement stating that the pastor had sex with his mother in an outhouse. The Supreme Court ruled that Falwell, a public figure, could collect damages for emotional distress.

Question 35

Members of the Westboro Baptist Church "intentionally inflicted emotional distress" on mourners at a military funeral by carrying signs proclaiming "God hates fags" on a sidewalk near the funeral, the Supreme Court ruled in Synder v. Phelps.

Question 36

The right to be forgotten is recognized worldwide, including in the United States.

Question 37

Although the media are rarely sued successfully for intentional infliction of emotional distress (IIED), recently several courts have allowed private citizens to pursue IIED claims against the media in cases involving irresponsible and offensive commentary or aggressive news coverage.

Question 38

In 2019, InfoWars founder and conspiracy theorist Alex Jones was ordered to pay legal fees to the parent of a 6-year-old school-shooting victim in an IIED suit for repeatedly stating that the Sandy Hook shooting was a hoax.

Question 39

The constitutional right of privacy:

A) is explicitly stated in the First Amendment
B) is explicitly stated elsewhere in the Constitution
C) has been created through Supreme Court decisions
D) there is no constitutional right of privacy
E) none of the above

Question 40

The Supreme Court ruled in Florida Star v. BJF that:

A) the government has no interest in protecting the privacy of rape victims
B) rape is not a matter of public importance
C) information is "lawfully acquired" if obtained from a report issued by a sheriff's office
D) all of the above
E) none of the above

Question 41

To win a private-facts suit, a plaintiff must prove that the publication:

A) is disgusting to the average person
B) is highly offensive to a reasonable person
C) injures the plaintiff's reputation
D) all of the above
E) none of the above

Question 42

Cassandra is walking on a public sidewalk holding hands with her boyfriend, Ralph. Tommy Snapper, a media photographer, shoots a picture from across the street and publishes it on the Banner-Guardian website accompanying a story about downtown redevelopment. After seeing the photo, Ralph's wife divorces him. Ralph will likely recover damages from the website for which tort?

A) commercial appropriation
B) intrusion
C) emotional distress
D) Ralph could probably successfully sue for all of the above
E) none of the above

Question 43

Tommy Snapper climbs a ladder to snap a photo with his telephoto lens of Ima Starr, a popular local singer, as she watches television, dressed in street clothes, in her den. Snapper never publishes the picture. Starr might successfully sue for:

A) exposure of private facts
B) intrusion
C) commercial appropriation
D) intentional infliction of emotional distress
E) none of the above

Question 44

To sue successfully for publication of private facts, a plaintiff must establish, among other things:

A) the publication was highly offensive
B) the publication was intentionally misleading
C) the defendant acted with actual malice
D) the publication was commercial
E) none of the above

Question 45

Sidis v. F-R Publishing Corp., the case involving the former child prodigy, illustrates that:

A) newsworthiness includes information that may be merely interesting
B) newsworthiness can last longer than 10 years
C) collecting subway tokens is of no public interest
D) all of the above
E) A & B only

Question 46

Courts have ruled that it is newsworthy and not highly offensive for media to disclose:

A) the unusual behavior of a surfer
B) the sexual orientation of a veteran who saves the president's life
C) a partially nude crime victim in a public place
D) all of the above
E) none of the above

Question 47

Broadcasters may:

A) not record telephone conversations for broadcast
B) record a telephone conversation for broadcast if they tell the person being recorded at the beginning of the recording
C) may record for broadcast only if they are collecting information "in the public interest, convenience and necessity"
D) B and C only
E) none of the above

Question 48

Courts have ruled that citizens have a legitimate expectation of privacy everywhere
EXCEPT:

A) a medical helicopter
B) a doctor's office
C) a hospital room
D) a street corner
E) A and D only

Question 49

The Supreme Court has ruled that anti-gay organizations picketing a military funeral from a public sidewalk are liable for:

A) outrageous infliction of emotional distress
B) commercial appropriation
C) intrusion
D) A and C
E) none of the above

Question 50

Which statements are true of cellphone conversations?

A) it's illegal for a third party to secretly record or otherwise "intercept" a conversation
B) it's generally illegal to broadcast or otherwise "disclose" an illegally intercepted conversation
C) it's legal to broadcast a conversation about an issue of public importance even if the conversation was illegally intercepted
D) all of the above are true
E) none of the above is true

Question 51

If a viewer copies a violent act he sees on television, the victim can probably successfully sue the broadcaster for:

A) emotional distress
B) copycat harm
C) outrage
D) negligence
E) none of the above

Question 52

IIED claims against Fox News over its coverage of the murder of Democratic aide Seth Rich, who was falsely reported to have leaked information to WikiLeaks, were dismissed because:

A) Fox News retracted the story, negating any evidence of actual malice
B) an anti-SLAPP statute required its dismissal
C) although deficient, Fox's coverage did not rise to the level of extreme and outrageous conduct
D) Fox used reliable sources and had no warning that the story was wrong
E) A & D

Question 53

Private facts and intrusion. Distinguish between the torts of disclosure of private facts and intrusion. Cite key cases.

Question 54

Publicity. Describe the right of publicity.

Question 55

Florida Star v.B. J.F. What is the significance of the Florida Star v. BJF case?

Question 56

Incitement. Can the media be held liable for inciting dangerous or violent acts when readers and viewers copy or take inspiration from violent or dangerous acts they read or view?

Question 57

Consent. Advise a corporate PR practitioner on the type of consent she should acquire from employees who will be pictured in company promotional brochures.

Question 58

GDPR. What is the significance of the European Union's General Data Protection Regulation (GDPR) for American media companies?

Question 59

Right to be Forgotten. What is it?

Question 60

Ace is a reporter for WGET-TV, preparing a series of reports on professors at Go University. Ace hears that art professor Michael Montage is suspected of selling drugs to students. While searching police and court files to see if Montage has a criminal record, Ace runs across an unsealed, two-year-old divorce file. In the file, Ace learns that Montage was divorced two years ago. Ace also learns in the divorce file that Montage was sexually molested by a neighbor when he was a child.
By coincidence, police with a search warrant raid Professor Montage's house in the evening, just as Ace is walking to his nearby apartment. When Ace shows police his reporter's credentials, police invite him on the raid. As the raid begins, Montage stands at the door to his house, shielding his eyes from the lights of Ace's camera, and yells: "Keep Out." Nevertheless, Ace follows police through the house. No drugs are found, but police seize several videos that appear to be pornographic.
Later that night, WGET runs several promos: "A Drug Raid at Professor's House; Details at 11," says one promo. A two-second clip of the raid is included in the promo. At 11 p.m., WGET runs a two-minute story about the raid, including ACE's footage from inside the house. Ace reports that police found no drugs, but police think they confiscated obscene material. With great solemnity, Ace adds, "Sadly, Montage himself was sexually molested when he was a boy, court records reveal."
Montage sues Ace and WGET for several torts and a violation of his Fourth Amendment rights. Explain whether you think Montage might recover damages for any of the following claims. Cite cases where appropriate.
l. Disclosure of private facts for revelation of the childhood molestation.
2. Trespass and intrusion for entry with police during the raid.
3. Violation of the Fourth Amendment for participating in an illegal search and seizure.
4. Commercial appropriation of Montage's identity in the news program and the broadcast promotion before the 11 p.m. news.