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Exam 6: Protecting Privacy

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Question 1

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The first time a law journal published an article that explained the legal theory about why U.S.courts should recognize a right to privacy was:

A) 1920
B) 1890
C) 1970
D) 2000

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Question 2

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In private facts lawsuits,judges use a "bright-line" rule to determine if the story is newsworthy.

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Question 3

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Jane Johnson was a famous rock star,but retired 20 years ago and withdrew from the public eye.While she was a musician,she stole a very valuable diamond ring from another musician.She quickly returned the diamond,was not arrested for theft,and only her brother knew about the incident.Last week,Spy Magazine published an article revealing the theft.Johnson sued Spy Magazine for private facts.

Explain the transformative use test and how it is applied when First Amendment protection competes against a right of publicity.

A reporter meets a fire truck at a huge blaze engulfing a large house.The reporter asks the fire fighters if she can follow them into the garage attached to the house,which is the one part of the building not yet covered in flames.The fire fighters say "yes," and the reporter follows the fire fighters into the garage.The homeowner

The magazine Macintosh Computing runs an advertisement for itself in another magazine,PC Quarterly.The ad includes a picture of John Fence,head of Macrosell.John Fence

A successful appropriation lawsuit could be brought for using a photograph of a public official,such as a state governor,in an advertisement without permission.

Privacy first was brought to the attention of judges and lawyers through an 1890 law review article by Warren and Brandeis.

Which Amendments are considered to protect different aspects of personal privacy?

A reporter falsely tells a homeowner she is from the county assessor's office,a government agency.The homeowner admits the reporter into the house.Later discovering the reporter's true identity,the homeowner sues for intrusion.The homeowner likely will

Despite a federal law protecting the privacy of health care information possessed by health care providers and health plans,the law does not cover health information in school records,employment,files or financial records.Courts allow an employer to inspect employees' e-mail,including personal messages,and to listen to their telephone conversations.

The U.S.Supreme Court has ruled in only two false light cases.In both those rulings the Court held that all false light plaintiffs must prove actual malice to win their cases.

Most of the recent Supreme Court cases involving privacy are directly tied to which Constitutional amendment?

Successful appropriation suits may be based on advertisements,posters,and news stories.

Which federal government agency protects consumer privacy and enforces federal privacy laws?

Generally speaking,courts are applying the transformative use test to affirm First Amendment rights in lawsuits that involve movies,video games,and television.

In the only two false light cases the U.S.Supreme Court has decided,it said all plaintiffs must prove actual malice.Some lower courts also require all false light plaintiffs to prove actual malice.Others require only public officials and public figures to prove actual malice.

Courts in all states allow plaintiffs to bring false light lawsuits against the mass media.

Which of the following could lead to a successful intrusion lawsuit?

In an advertisement,Creamy Ice Cream shows a woman eating one of the company's ice cream bars.The woman looks just like Sandra Johnson,a pop singer-but it was not Johnson.Johnson,who didn't give permission to the ice cream company,sues Creamy.Johnson will