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Mmc 4200 Exam 2

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MMC 4200-Spring 2012 Review Sheet for Second Exam Copyright©2012 Prof. Sandra Chance Chapter 5- Privacy 1. Where did the right to privacy come from? • Development of the 20th century and often traced back to an 1890 article in the Harvard Law Review written by Samuel Warren and Louis Brandeis who argued that advances in technology and the voyeurism of urban newspapers necessitated new legal protections for privacy. • The right to privacy is protected by the U.S. Constitution. (The right to be let alone and free from unwarranted governmental intrusion.) • because "gossip had become a business," argues that it was rooted in the individual's dignity in the law of copyright and trespass • Right to privacy isn't in …show more content…

See Zacchini v. Scripps-Howard - Newsworthiness - Consent - Individual not identified - The First Amendment 16. What are the elements for an emotional distress lawsuit? • [pic]Conduct that atrocious and utterly intolerable in civilized community, outrageous conduct by the media is thought to cause extreme anxiety (usually unsuccessful) 17. What’s the difference between private figures and public official/figures suing for intentional infliction of emotional distress? See Hustler Magazine v. Falwell - Public figures have to prove actual malice 18. What is participant monitoring? What is the law in Florida? How is this different from the federal law? - law permits one party to a conversation to record or transmit a conversation without telling the other party, law is less tolerant of third party members recording conversations than - must have consent - federal law and most states permit participant monitoring if not conducted for criminal purposes 19. Do reporters trespass when they misrepresent themselves to acquire information from public businesses? - FL no because of custom and usage, other states might be different 20. When is the media responsible for physical harm, which results from incitement, negligence or lack of duty not to publish material due to foreseeable harm? - Only held liable for foreseeable harm and incitement (when programs or stories appear to cause

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