Chapter 6: Protecting Privacy

The Third, Fourth and Fifth Amendments all have aspects that protect the privacy of American citizens. Most laws protecting privacy stop government agencies from providing confidential information about a person without permission from them.

False light is similar to libel. Not all false statements are defamatory. This tort includes both flattering and disparaging statements. False light provides compensation for the emotional stressed caused by a false report. The plaintiff in a false report case must prove publication, identification, falsity, a high level of offensiveness, and fault.

Appropriation is using a person's name without their knowledge or permission for commercial or trade purposes. Appropriation includes two different torts: commercialization and right of publicity. The commercialization tort prohibits the use of another person's name or likeness for commercial use without their permission. The "right of publicity" part of the tort refers to when people want to be paid for giving permission to use their name or likeness.

To win one of these cases, the plaintiff must prove that their name or likeness was used. You can't use someone's look-alike or sound-alike without their permission. You also cannot imitate someone's identity without their permission. The most common defense for these cases is newsworthiness.

Several tests can be used for appropriation cases. The artistic relevance case determines whether or not the use of a celebrities name or likeness is necessary for the work's artistic purpose. The transformative test determines whether the creator changed a person's name, image, or voice for artistic purposes. If so, the creator cannot lose. The predominant use test determines whether or not the defendant used the person's name or likeness for commercial purposes or if it was intended to be protected expression.

A journalist can be sued for intrusion by using too invasive of techniques for gathering information about a person. People on public property cannot have an expectation of privacy. Journalists have to use visible equipment to record media on public property. Using hidden equipment to gather information can be considered intrusion.

The topic of a story has to be determined as of public significance for a defense against an intrusion suit. Some privacy protection diminished after 9/11. The government is allowed to obtain information about anyone through businesses, hospitals, public libraries, and the internet. These laws are constantly updated as new technology arises.