commlawtest3.txt

• Growth of Government
• Growth of Mass Media
• Technological Inovations

• Yellow Journalism
• Movement to Urban Society

Using a persons name or likeness for commercial purposed without consent

• Privacy - personal right, protects from emotional harm, ends with death
• Publicity - property right, protects economic value of name, passes to relatives upon death

• Photo, Painting, Sketch, Cartoon
• Fictional Character
• Look Alike
• Sound Alike

News stories (any non-advertisement) cannot be considered appropriation

Use of name or likeness is not appropriation if has been or will be part of product content

• After a long time
• From minors, or wards of the state
• if image is materially altered

• intrusion - eavesdropping, gathering private records, telephoto pictures
• trespass - intentional entry onto land owned by someone else

• argument against press
• not in public

Press not responsible for info obtained illegally by a second party

No expectation of privacy when information is voluntarily made accessible to another person

• Illegal to intentionally intercept a cell phone conversation
• Illegal to forbid manufacturers of radio scanners from making scanners that can intercept cell phones
• Illegal to outlaws intentional interception of online communications

Barred state DMVs from disclosing personal information that is contained in driver’s license records

Allows the FTC to regulate Internet sites that collect personal information from users under age 13

• Publicity - to a large number of people
• Publication - to a single third party

• has publicity
• highly offensive to the reasonable man
• not of legitimate public concern

• happens in public
• large segment of public already aware of info
• contained in documents of public record

• legal if obtained through public record
• usually restricted by most news outlets

• Illegal if found offensive and publisher of material is at fault (must prove fault)
• Unlike libel, Doesn't have to harm reputation, just must be false and cause embarrassment

• editing or writing errors
• misuse of photographs

• Common law
• Constitutional law
• Statutory law

Laws vary according to state

provides statutory right of access to records possessed by federal government agencies (within 20 business days)

• National security matters
• Housekeeping materials
• Material exempted by statute (used by CIA)
• Trade secrets
• Working papers and lawyer-client privileged documents
• Personal privacy files
• Law enforcement records
• Financial institution materials
• Geological data

• Applies to 50 federal bodies
• Courts interpret to apply only to bodies appointed by the President
• 10 exemptions allow for closed meetings; the 9 FOIA plus an arbitration exemption

• Provide for closed meetings, or executive sessions, in certain cases
• Require advance public notice of regular and special meetings

• Information classified as confidential
• Law enforcement and investigatory information
• Trade secrets and commercial information
• Preliminary departmental memorandums (working papers)
• Personal privacy information
• Information relating to litigation against a public body

• Permits parents to review their kid's school records
• Prohibits the dissemination of personally identifiable information to unauthorized persons without consent of parents

• Limits ability of journalists to obtain information about patients in hospitals and healthcare settings
• Journalists can obtain information about crime victims from law enforcement sources

• Checks the misuse of personal data obtained by the federal government
• Provides access for individuals to records about themselves that are held by federal agencies
• Federal agencies must limit collection of information to relevance and necessity

• Press not given access to criminal history records kept by police
• Press given access to pertinent info to a case for that is currently being processed and conviction records

All states have statutes that limit access to information otherwise be available under FOIA