Privacy and the Media

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In Privacy and the Media, Daniel Solove and Paul Schwartz provide thorough coverage of issues involving privacy, freedom of speech, and freedom of the press. Privacy and the Media examines privacy torts, First Amendment restrictions on privacy torts, and the key cases and legislation that shape the legal landscape of information privacy law and the media.

An engaging introduction to the topic and an ideal text for a wide range of courses, Privacy and the Media features:

• In-depth coverage of information privacy law and media issues

• Privacy torts — intrusion upon seclusion, public disclosure of private facts, false light, and appropriation of name or likeness
• Defamation, First Amendment limitations on defamation law, and defamation online
• First Amendment restrictions on privacy torts
• The right of publicity and intentional infliction of emotional distress

• A general introduction to privacy, including philosophical perspectives on the concept and value of privacy, economic and sociological perspectives, leading arguments for and against privacy, and a broad overview of the history and development of privacy law
• Important statutory material

• The Video Voyeurism Prevention Act
• The California Anti-Paparazzi Act
• The Communications Decency Act, § 230

• A rich selection of landmark and milestone cases and materials, such as

Warren and Brandeis’s “The Right to Privacy”
Sidis v. F-R Publishing Corp., Sipple v. Chronicle Publishing Co., Schulman v. Group W Productions, Inc., and other cases exploring the tension between the privacy torts and free speech
Cox Broadcasting Corp. v. Cohn, Florida Star v. B.J.F., Bartnicki v.Vopper , and other U.S. Supreme Court cases involving the First Amendment limitations on privacy protections
New York Times v. Sullivan, Gertz v. Robert Welch, Inc., Zeran v. America Online, Inc., and other cases involving defamation, libel, public figures, and online speech.

• Timely discussion of blogging and Internet gossip
• Clear and concise explanations of the law
• Casebook Website:

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Product Details

  • ISBN-13: 9780735582576
  • Publisher: Wolters Kluwer Law & Business
  • Publication date: 12/3/2008
  • Edition description: New Edition
  • Pages: 233
  • Product dimensions: 7.00 (w) x 9.90 (h) x 0.60 (d)

Table of Contents

Preface xv

Acknowledgments xvii

1 Introduction 1

A Information Privacy, Technology, and The Law 1

Sidis v. F-R Publishing Corp. 3

B Information Privacy Law: Origins and Types 10

1 Common Law 10

(a) The Warren and Brandeis Article 10

Samuel D. Warren and Louis D. Brandeis, The Right to Privacy 13

(b) The Recognition of Warren and Brandeis's Privacy Torts 25

William Prosser, Privacy 26

Lake v. Wal-Mart Stores, Inc. 28

(c) Privacy Protection in Tort Law 31

(d) Privacy Protection in Evidence Law 31

(e) Privacy Protection via Property Rights 32

(f) Privacy Protection in Contract Law 32

(g) Privacy Protection in Criminal Law 32

2 Constitutional Law 33

3 Statutory Law 35

4 International Law 38

C Perspectives on Privacy 39

1 The Philosophical Discourse About Privacy 39

(a) The Concept of Privacy and the Right to Privacy 39

(b) The Public and Private Spheres 39

2 The Definition and the Value of Privacy 40

Alan Westin, Privacy and Freedom 41

Julie E. Cohen, Examined Lives: Informational Privacy and the Subject as Object 46

Daniel J. Solove, Conceptualizing Privacy 49

Anita L. Allen, Coercing Privacy 52

Paul M. Schwartz, Privacy and Democracy in Cyberspace 54

Spiros Simitis, Reviewing Privacy in an Information Society 56

3 Critics of Privacy 59

Amitai Etzioni, The Limits of Privacy 59

Richard A. Posner, The Right of Privacy 61

Fred H. Cate, Principles of Internet Privacy 66

4 The Feminist Perspective on Privacy 69

State v. Rhodes 69

Reva B. Siegel, "The Rule of Love": Wife Beating as Prerogative and Privacy 72

Catharine A. MacKinnon, Toward a Feminist Theory of the State 74

Anita L. Allen, Uneasy Access:Privacy for Women in a Free Society 75

2 Privacy and The Media 77

A Information Gathering 78

1 Intrusion upon Seclusion 78

Restatement (Second) of Torts [section] 652B: Intrusion upon Seclusion 78

Nader v. General Motors Corp. 79

Dietemann v. Time, Inc. 84

Desnick v. American Broadcasting Co., Inc. 86

Shulman v. Group W Productions, Inc. 92

2 Paparazzi 96

Galella v. Onassis 96

California Anti-Paparazzi Act 98

3 Video Voyeurism 102

Video Voyeurism Prevention Act 103

B Disclosure of Truthful Information 105

1 Public Disclosure of Private Facts 105

(a) Introduction 105

Restatement (Second) of Torts [section] 652D: Publicity Given to Private Life 105

(b) Private Matters 107

Gill v. Hearst Publishing Co. 107

Daily Times Democrat v. Graham 111

(c) Publicity 116

Miller v. Motorola, Inc. 116

(d) The Newsworthiness Test 119

Sipple v. Chronicle Publishing Co. 119

Shulman v. Group W Productions, Inc. 131

Bonome v. Kaysen 134

2 First Amendment Limitations 141

Cox Broadcasting Corp. v. Cohn 143

The Florida Star v. B.J.F. 149

Bartnicki v. Vopper 161

C Dissemination of False or Misleading Information 173

1 Defamation 173

(a) Introduction 173

(b) Defamation and the Internet 175

Zeran v. America Online, Inc. 177

Blumenthal v. Drudge 180

(c) First Amendment Limitations 186

New York Times Co. v. Sullivan 186

Gertz v. Robert Welch, Inc. 189

2 False Light 196

(a) Introduction 196

Restatement (Second) of Torts [section] 652E: Publicity Placing Person in False Light 196

(b) First Amendment Limitations 199

Time, Inc. v. Hill 199

3 Infliction of Emotional Distress 202

Hustler Magazine v. Falwell 202

D Appropriation of Name or Likeness 205

1 Introduction 205

Restatement (Second) of Torts [section] 652C: Appropriation of Name or Likeness 205

2 Name or Likeness 208

Carson v. Here's Johnny Portable Toilets, Inc. 208

3 For One's Own Use or Benefit 214

Raymen v. United Senior Association, Inc. 214

4 Connection to Matters of Public Interest 218

Finger v. Omni Publications International, Ltd. 219

5 First Amendment Limitations 224

Zacchini v. Scripps-Howard Broadcasting Co. 224

Estate of Presley v. Russen 226

Index 233

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