MMC4200 Exam 2 Review Questions with Correct Answers

MMC4200 Exam 2 Review Questions with Correct Answers How is the right to privacy defined? Where did the right to privacy come from? Is it expressed in the Constitution? - Answer--The right to be let alone -The right of a person to be free from unwarranted publicly -The right to the privacy came from: not expressed, it is implied in the constitution in the 1st, 3rd, 4th and 9th amendment. Amend. 1: Free speech Amend. 3: Quartering soldiers Amend. 4 Search & Seizure Amend. 9: Other people's rights Central Purpose Test - Answer-The FOIA's central purpose is to ensure that the Governments activities are open to public scrutiny, not to allow the private information held by the government about private individuals. Instead, is to ensure the government knows their responsibility faithfully. What are the four major categories of privacy actions? - Answer-1) Appropriation -Commercialization: the unauthorized commercial use of author's name or likeness. -Using a persons picture to sell your goods -Protects a person from shame and humiliation -Without their consent, if you use their name or photograph for profit making you will be held liable. 2) Intrusion: Deals with personal space --the unconscented to violation of one's legally protected physical sphere of privacy -the intrusion may or may not also constitute the tort of trespass -the intrusion itself may not be physical, but consist of eavesdropping with telephoto lenses or electronic devices in private areas such as the home or office. -Observing and listening in public places— permissible -Harassment and assault—impermissible 3) Public Disclosure: exposing intimate facts -you can not expose mental diseases -eating disorders, intimate facts 4) Portrayal/False Light -disclosing false facts about someone with prior knowledge of falsity (aka rumors) Three categories What must a plaintiff prove in a private-facts suit? What defenses can the media use in lawsuits over publication of private facts? - Answer-Would be high offensive to a reasonable person, and is not of legitimate concern to the public (not newsworthy) Generally must also have widespread dissemination Where do people generally have the greatest expectation of privacy? The least? - Answer-People have the greatest expectation of privacy at home and the least in the public. The least expectation of privacy is informational. This includes data privace in medical data, credit history, banking data, purchasing history Which constitutional provision is related to intrusion? - Answer-4th Amendment: Thirdparty monitoring: Government can not illegally wiretap, bug, eavesdrop Is tape-recording a conversation without the knowledge of one of the parties legal? - Answer-Participant monitoring: when at least one party to conversation knows it is being recorded -Federal law and most states permit so long as recording not used for criminal purposes -Florida does not permit taping calls -Journalists gave fakes names, gained acces to doctor's home and recorded with hidden cameras. What must a plaintiff prove in a false-light privacy case? What defenses can the media use in false-light cases? - Answer-Plaintiff must claim he is victim of falsehood. Actual malice - media believes false light claims are harder to prove. What are the two broad categories that constitute "highly offensive publications"? . - Answer-Embellishment - most common; the media limits info/ uses it out of context to portray false impression Fictionalizing - adding fictional dialogue characters to what amounts to factual work ( ex. Time Inc v. Hill case) In false-light cases, does it matter that the plaintiff is a public figure? Does it matter in appropriation cases? - Answer-In false light cases all plaintiffs must prove actual malice whether or not they are public figures. In appropriation cases, however the status of the plaintiff does matter .