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
As human beings and citizens of the world, everyone values their privacy. It is a right that is often looked over and taken for granted by most. Since the beginning of time, there have been concerns about individuals’ rights to privacy and their personal information remaining confidential. Our founding fathers had concerns about this which is why, “…this right has developed into
¶ 16), in and of itself, constitute IIED. Indeed, IIED claims are reserved for only the most extreme and outrageous sort of harms for which no “reasonable man [or woman] could be expected to endure.” Takacs, 473 F. Supp. 2d at 652. An act qualifying as IIED must go “beyond all possible bounds of decency, or [be] behavior that is atrocious or utterly intolerable in a civilized community.” Hrehorovich v. Harbor Hosp. Ctr., Inc., 93 Md. App. 772, 800 (1992), it must “completely violate human dignity.” Hamilton v. Ford Motor Credit Co., 66 Md. App. 46, 49 (1986); see, e.g., B.N. v. K.K., 312 Md. 135 (1988) (the failure to disclose a sexually transmitted disease prior to intimate activities might constitute IIED); Faya v. Almaraz, 329 Md. 435 (1993) (HIV-positive surgeon operating on a patient without their knowledge might constitute IIED); Figueiredo-Torres v. Nickel, 321 Md. 642 (1991) (a psychologist that engages in sexual relations with plaintiff’s wife during the time he was counseling the couple may constitute IIED); Reagan v. Rider, 70 Md. App. 503 (1987) (stepfather’s sexual abuse of a minor may constitute IIED). Indeed, no IIED claim can survive without allegations of extreme and outrageous
"The Right of Privacy: Is It Protected by the Constitution?" Exploring Constitutional Conflicts. Web. 3 Dec. 2014. <http://law2.umkc.edu/faculty/projects/ftrials/conlaw/rightofprivacy.html>.
Intentional infliction of emotional distress - the Court states that because Texas law places a duty on Briles and McCaw, the Plaintiff 's negligence claim will fill any gaps.
When the first 10 amendments of the constitution were written, one of the main concerns was government intrusion. In the 1800s, citizens were concern about the confidentiality of their correspondence. Likewise in 1890, the concern was photography and yellow journalism. With lack of privacy laws, citizens brought several cases to the U.S courts because they felt there were violations of privacy. As a consequent, several torts were written and recognize by most states. This torts included the intrusion upon seclusion, public disclosure of private facts, false light or publicity, and appropriation. Though, historical events have help to expand the definition of privacy, there has not been a critical event that forced America to have a comprehensive federal policy about protecting the right to privacy. Nevertheless, every time that there is a major concern that threatens the right to privacy, the government and the states have passed laws to eliminate those
A U.S. citizen's "right to privacy" was first discussed in an 1890 Harvard Law Review article in which two Boston lawyers, Louis Brandeis and Samuel Warren, defined it as "the right to be let alone." Since then, the right to privacy has provided the basis for a stream of revolutionary and controversial constitutional interpretations by courts across the United States, culminating in the U.S. Supreme Court's Roe v. Wade decision in 1973. Although decisions have come down in favor of a right to privacy, they are largely based on a broad and disputed interpretation of the Fourteenth Amendment. With the plethora of privacy issues that confront courts and policymakers in the current information
"59 Radio Address about the American Right of Privacy. February 23, 1974." American Reference Library - Primary Source Documents, Jan. 2001, p. 1. EBSCOhost, search.ebscohost.com/login.aspx?direct=true&db=mih&AN=32360825.
Electronic monitoring is a device that allows Justice Officers and officials to ensure an offender is at a certain location when 65 required to be there. The use of the monitoring device is becoming more popular as a way to control and supervise offenders within the community to ensure citizens are safe. In the mid-1960 a Harvard Psychologist Robert Schwitzgebel developed the first electronic monitoring device. The device was intended to provide an inexpensive alternative for offenders than incarceration or within the justice process. Even though the device was patented in 1969 it didn’t start coming into effect until the 1980’s. It’s used by courts to track the location of offenders that are under surveillance or restricted to certain areas.
In the media there is a great deal of violence and nobody can really deny that. However, the effects media has on children and young adults have been debated for years. In this paper I will be discussing the effects of media violence, the other factors, and the possible solutions to alleviate this global issue.
In 1787, the constitution was born. The constitution has been America’s guideline to the American way of life. Our US constitution has many points in it to protect America and it’s people from an overpowered government, our economy, and ourselves. The only thing the constitution doesn’t directly give us, is our right to privacy, and our right to privacy has been a big concern lately courtesy of the National Security Agency (NSA).(#7) Although our constitution doesn’t necessarily cover the privacy topic, it does suggest that privacy is a given right. Some people say that the right to privacy was so obvious, that our founding fathers didn’t even feel the need to make a point about it.(#9) It also didn’t help
Everyone today is being monitored in some way, shape, or form whether you know it or not. Some of the employees, such as patient care technicians and nurses, at the Florida Hospital Celebration Health are being tracked every step they take. In each badge there is a sensor that calculates how many times a worker visits their patient’s room and the nurse’s station. They have had this form of a tracking mechanism for over 35 years (Katz 1). This is just another illustration of how people are tracked unnecessarily
In the controlling case, Jones v. Harris, 35 Md. App. 556, 371 A.2d 1104 (1977), the court held that fourth element of the tort that the emotional distress must be severe was not
Newton D. Violence And The Media: A Reference Handbook [e-book]. Santa Barbara, Calif: ABC-CLIO;
The right to privacy was not established as a constitutional doctrine until after the result of the Supreme Court ruling in the 1965 case of Griswold vs. Connecticut. The court decision was based on the interpretation of several amendments within the Bill of Rights. Although the Bill of Rights does not explicitly state anything about the right to privacy, a combination of its sections was used as the framework for establishing the right (“Griswold v. Connecticut (1965),” 2007).
The government states that electronic monitoring still is way inexpensive than housing a perpetrator in a correctional facility. However, when the government takes into consideration all the pieces involving the monitoring of a person within a jurisdiction and all the pieces needed to make this happen then it can be quiet expensive monetarily and with safety concerns. Can the government accurately supervise a