1. Invasion of Privacy

2. Beginnings  As a right became recognized in 20 th c. Introduced by Louis Brandeis (future SC judge)  Began in US  Two types  Govt. Unreasonable search of home 4 th Amendment  Person/organization You are “invaded” by someone/some organization.

3. False Light  Identical to libel  One difference- No damage needed  Prove only “extreme embarrassment”  Need to show all 3 others  Some states don’t recognize.

4. Misappropriation  Aka “Commercialization”  Using someone’s name or face in advertising.  You must have that person’s permission.  This privacy can be sold or transferred.

5. Intrusion  News gathering  You have a “space.” If you intrude it, you’re wrong.  Linked to trespass: bathroom, clinic, principal’s office  You can take pics/info, but you need permission.  Must be an intrusion with the naked eye- ex: in street looking in the window.

6. Nellie Bly Didn’t she go undercover?  Yep. Into a mental institution.  It WAS intrusion; however…  “Newsworthiness” is a factor- it supersedes privacy.  The act of going in is illegal.  Findings outweighed harm in falsity of admittance.  EX: Testing airport security

7. Public disclosure of private/embarrassing facts  Information must be private. Can’t be public record Not generally known  Must be sufficiently intimate. Few people know.  Must be extremely embarrassing to be revealed.  EX: teen at AA sees a teacher.

8. Defense  Newsworthiness  Courts have said that it’s “things people are interested in.”

9. Oliver Sipple  Sipple v. Chronicle Publishing, 1984, after Oliver Sipple prevented the assassination of Gerald Ford, the world learned he was homosexual. He sued for invasion of privacy, but the stories were ruled to be newsworthy. and sealed." - Sipple v. Chronicle Publishing  http://www.runet.edu/~wkovarik/class/law/1.6privacy.html http://www.runet.edu/~wkovarik/class/law/1.6privacy.html  http://iconicphotos.wordpress.com/2010/09/23/the-oliver-sipple-case/ http://iconicphotos.wordpress.com/2010/09/23/the-oliver-sipple-case/

10. Now enjoy Rubber Ducky  Is it false light?  Is it intrusion?  Is it private disclosure of embarassing facts?

11. Rubber Ducky  Is it false light? Yes, they’d win. But FL is minor in settlement.  Is it intrusion? It’s a bathroom. They gave consent to photograph, but not to a “reporter” for the paper.  Is it public disclosure? Is it known they have coed showers? Is it newsworthy? Yes, but for those 4 people?