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.

Depiction of bomb defuser not a misuse of soldier's identity

Kristen Rasmussen | Privacy | Feature | October 14, 2011
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October 14, 2011

An Academy Award-winning film that addressed “an issue of paramount importance in the Iraq war” is protected speech about a public issue, a federal judge in California ruled yesterday, dismissing a U.S. serviceman's lawsuit alleging “The Hurt Locker” unlawfully benefited from the use of his identity without his consent.

Missouri city's funeral protest ordinance unconstitutional

Kristen Rasmussen | Privacy | Feature | October 13, 2011
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October 13, 2011

Less than a year after the U.S. Supreme Court held that the First Amendment protects a fringe church’s angry, anti-gay protests at military funerals, a lower federal court struck down a city ordinance that restricted the time and place of the protected picketing activities.

"Cops" show did not violate Fla. woman's privacy

Clara Hogan | Privacy | Feature | July 6, 2011
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July 6, 2011

The reality police television show "Cops" did not intrude on a Florida woman's privacy when her interactions with police during a traffic stop were recorded without her knowledge, a federal appeals court ruled Tuesday in Spilfogel v. Fox Broadcasting Company.

Website with "rude opinions" not liable for privacy invasion

Kristen Rasmussen | Privacy | Feature | June 10, 2011
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June 10, 2011

Online photographs of a bikini-clad woman accompanied by unflattering comments did not invade her privacy, a federal judge in Arizona recently ruled.

Supreme Ct. hears oral arguments in pharmacy data case

Lyndsey Wajert | Privacy | Feature | April 26, 2011
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April 26, 2011

The Supreme Court heard oral arguments today in Sorrell v. IMS Health Inc., a case about whether a Vermont statute restricting the commercial dissemination of pharmacy records places unconstitutional restrictions on commercial speech.

Amicus brief in ACLU v. Alvarez

April 22, 2011

Urging the U.S. Court of Appeals for the Seventh Circuit to find the Illinois Eavesdropping Act's criminalization of recording of conversations to which parties have no reasonable expectation of privacy unconstitutional

Connecticut bill would recognize right to record police

Kacey Deamer | Privacy | Feature | April 11, 2011
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April 11, 2011

Connecticut is considering a bill that would make any police officer "who interferes with a person taking a photographic or digital still or video image" of a police officer performing his or her duties liable for damages, provided the citizen did not obstruct or hinder the police officer's performance. It appears to be the first time such a bill has been considered by a state legislature.

California court to examine juror's Facebook privacy

Rachel Costello | Privacy | Feature | April 1, 2011
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April 1, 2011

The California Supreme Court on Wednesday ordered the state's 3rd District Court of Appeals to revisit the case of a Sacramento juror who was ordered to consent to the release of Facebook posts he had made during a criminal trial in 2010.

Backstage concert video doesn't violate Mich. wiretap law

Kristen Rasmussen | Privacy | Feature | March 24, 2011
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March 24, 2011

Rap concert organizers did not violate a police official’s privacy when they recorded the officer’s backstage comments and included them in a DVD, the Michigan Supreme Court ruled last week.

However, the 6-1 decision in Bowens v. Ary, Inc. was a narrow one limited to the event in question and stopped short of holding that police officers have no reasonable expectation of privacy when performing their public duties.

First Amendent prevails over family's privacy at funeral

Kristen Rasmussen | Privacy | Feature | March 2, 2011
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March 2, 2011

The U.S. Constitution protects angry, anti-gay protests at the funerals of fallen soldiers, the U.S. Supreme Court ruled Wednesday in a controversial case that pitted free-speech rights against the privacy of grieving family members.