| A | B |
|---|
| Publicity | the communication of information to a large number of people |
| Publication | the communication of information to a single third party |
| Three elements of false light cases | 1.Publication of the material puts person in a false light (Falsity) ● 2.Statements offensive to reasonable person ● 3.Publisher of material was at fault |
| significance of Time, Inc. v. Hill (1967) to false light lawsuits | Public Person Plaintiffs in false light cases must prove that that the defendant published the report with knowledge of its falsity or in reckless disregard of the truth (actual malice) ● ■Actual malice standard not applied in NY courts ● ○NOTE: Supreme Court has not clearly stated (in subsequent cases) whether private person plantiffs must prove actual malice or merely negligence to show fault |
| tort of publication of private information | Of all four privacy torts, publication of private facts is least accepted by courts |
| how publication of material from public records is treated under publication of private information law | the broadcast of "eccentric reactions and behavior in stressful situations" does not amount to the publication of private facts that are offensive and not of public concern ● Generally, public interest in the material trumps offensiveness of the material, allowing material to be published without liability. ● Has to be truthful |
| Know how courts tend to rule when considering whether offensive private facts should determine the outcome of a case, or whether a legitimate public interest should determine the outcome | 1.How much public interest or importance is there in the material? ● 2.How deeply does publication of these facts intrude into an individual's privacy? ● 3. How public or private is the individual who is the focus of the story? ● 4. Is there a nexus between the information about the private life and the public life? |
| what type of entities have a right to privacy (and which do not) | ● the Constitution protects a parent's rights to control the physical remains, memory and images of a deceased child against unwarranted public exploitation by the government.(DO) ● any misconduct by any person who, at the time of the alleged misconduct, was a government official(DON'T) |
