American Constitutionalism in Historical Perspective (packet)

Private action tort remedies against disclosure of private facts without the consent of the individual. Defenses provided to allow the media to publish.

1. 
   Right of misappropriation: rt of publicity, must be paid to use your image, protects your identity. Ex: if you use the name/portrait/picture of someone in advertising without their consent you violate their right to privacy. Defenses include newsworthiness.
   
2. 
   Public disclosure of private facts: collides most directly with free speech when private facts, not of legit public concern, are disclosed. Defenses include public records exception, newsworthy.
   
3. 
   False Light: (closest to libel) intentional or reckless publication which places a person in false light. C/n reach the threshold of false facts. Defenses include the truth.
   
4. 
   Intrusion: electronic bugging and eavesdropping. Intentionally intrudes into solitude or private life, highly offensive to a reasonable person.
   

Cases

1. 
   Olmstead: Brandeis dissent: involved interpretation of Amend IV, found that there is a reasonable expectation of privacy. When the state intrudes upon privacy, citizens should be compensated for their injuries.
   
2. 
   Griswald, 1964: found constitutional right of privacy to protect intimate life. (see below).
   
3. 
   Time v. Hill, 1967: family had been held hostage in their home, later Time magazine photographed actors in their home and ran a story that depicted them heroically. These people d/n ask to be in the public sphere. They bring a false light action against Time magazine for the article and photos which connect them to the events.
   
   1. 
      Brennan says free speech wins. Everything is true, they were portrayed heroically, it’s newsworthy and the public should know
      
   2. 
      Nimmer: a leading free speech copyright lawyer says this balancing is wrong. Difference between defamation and privacy is with defamation you can revive a reputation, but once you lose privacy you lose it forever and this is inconsolable.
      
4. 
   Cox Broadcasting v. Cohn, 1975: family suing for the release of a rape victims name. Court found no violation since information contained in the public record and is newsworthy. (Public records exception).
   
5. 
   Florida Star v. BJF, 1989: expands the public record exception further.
   
6. 
   Hartnicki: bugging case, once again privacy yields to free speech. (intrusion case)
   
7. 
   Zacchini: human cannonball case where ct finds misappropriation.
   

Unprotected Speech: Obscenity (pp. 1125-1155)

1. 
   Background: Traditional view was to repress thru criminal sanctions any dissent from orthodoxy which was seen as unnatural. Obscenity d/n have to be limited to sex, could include violence and language. Applied to advocacy of the use of contraception, abortion, homosexuality. Now many of these are regarded as human rights. Want to focus on narrowing the definition of obscene to get out of these areas, open them up for discussion—led to feminist movement of sexual autonomy (second wave feminism) and emergence of gay rights.
   
2.