Privacy

This section covers the right of privacy under state law. Most state laws attempt to strike a balance between the individual’s right to privacy and the public interest in freedom of the press. The two primary types of invasion of privacy actions are intrusion upon seclusion and publication of private facts. You can also be liable for portraying someone in a false light, misappropriating their image or likeness, violating their right of publicity, or even for fraud or trespass over gathering the news. This section also covers recording of phone calls and conversations, and videotaping in public places.

Appeals court throws out nearly $20 million jury award against Hustler Magazine

Rachel Bunn | Privacy | News | May 3, 2012
News
May 3, 2012

A federal court of appeals threw out an almost $20 million jury award to the family of Nancy Benoit who claimed Hustler Magazine violated their daughter's right of publicity by publishing nude photographs of her after she was killed by her husband, the professional wrestler Chris Benoit in a double murder-suicide.

Oscar-nominated filmmaker detained at U.S. border sparks debate over searches of electronic devices

Rachel Bunn | Privacy | News | April 10, 2012
News
April 10, 2012

An Oscar and Emmy nominated filmmaker and journalist said she was detained by the Department of Homeland Security when trying to re-enter the United States last week after traveling in Great Britain, renewing the legal debate over electronic device searches at U.S. borders and their implications for newsgathering.

U.S. Supreme Court rules emotional distress damages not available under Privacy Act

Rachel Bunn | Privacy | News | March 30, 2012
News
March 30, 2012

The U.S. Supreme Court ruled this week that a plaintiff cannot collect damages for emotional distress for government violations of the federal Privacy Act.

Minor accused of murder will have closed court proceedings

Rachel Bunn | Privacy | Feature | February 28, 2012
Feature
February 28, 2012

A court proceeding to determine whether an 11-year-old Pennsylvania boy killed his father’s pregnant fiancée and her unborn son will remain closed to the public, a state appellate court ruled last week.

The Superior Court of Pennsylvania affirmed a juvenile court order that the delinquency proceeding of Jordan Brown, now 13, should remain closed because the government's interest in protecting the privacy of juveniles outweighs the public's right of access to the proceeding.

Indiana court reversed order to identify anonymous posters

Andrea Papagianis | Privacy | Feature | February 23, 2012
Feature
February 23, 2012

The Indiana Court of Appeals reversed a lower court's decision ordering The Indianapolis Star to reveal the identity of an anonymous commenter who was sued for defamation for comments made on the newspaper’s website.

In the ruling, the court said it weighed the First Amendment rights of the anonymous commenter versus the possible harm caused by the allegedly derogatory statements the commenter made on the website against the former head of a non-profit organization who filed the defamation suit.

Testimony in support of Illinois bill on audio recording of police officers

January 31, 2012

The Reporters Committee for Freedom of the Press has submitted testimony to the Illinois General Assembly in support of an amendment to the state eavesdropping law, which would create an exemption from criminal prosecution for the “[r]ecording of a peace officer who is performing a public duty in a public place and speaking at a volume audible to the unassisted human ear.” House Bill 3944 is an important step in reforming an overly broad law that criminalizes a critically important aspect of the newsgathering process and infringes on cherished First Amendment freedoms, the Repor

Reporters Committee submits testimony in support of Ill. bill to allow audio recording of police

Press Release | January 31, 2012
January 31, 2012

The Reporters Committee for Freedom of the Press has submitted testimony to the Illinois General Assembly in support of an amendment to the state eavesdropping law, which would create an exemption from criminal prosecution for the “[r]ecording of a peace officer who is performing a public duty in a public place and speaking at a volume audible to the unassisted human ear.”

Chicago police officers sued over eavesdropping arrest

Andrea Papagianis | Privacy | Feature | January 20, 2012
Feature
January 20, 2012

A 21-year-old woman acquitted of violating the strict Illinois eavesdropping statute is suing the City of Chicago and three officers for allegedly violating her Fourth Amendment rights when she was arrested for recording her conversations with police officers while filing a sexual harassment complaint with the department.

DEA agent fails to prove viral video violated Privacy Act

Rachel Bunn | Privacy | Feature | January 18, 2012
Feature
January 18, 2012

The disclosure of a video showing a U.S. Drug Enforcement Administration officer accidentally shooting himself in the leg during a lecture to community youths does not violate the federal Privacy Act, a U.S. appeals court ruled Tuesday. The court also rejected the officer's claim for invasion of privacy under the Federal Tort Claims Act.

Federal judge preserves blogger's anonymity

Chris Healy | Privacy | Feature | November 17, 2011
Feature
November 17, 2011

A federal court in California has ruled that an unnamed internet critic of an international spiritual organization can maintain his anonymity -- at least for now.