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- First Amendment (2)
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Articles 1 - 6 of 6
Full-Text Articles in Privacy Law
You Are Not A Commodity: A More Efficient Approach To Commercial Privacy Rights, Benjamin T. Pardue
You Are Not A Commodity: A More Efficient Approach To Commercial Privacy Rights, Benjamin T. Pardue
Washington Law Review
United States common law provides four torts for privacy invasion: (1) disclosure of private facts, (2) intrusion upon seclusion, (3) placement of a person in a false light, and (4) appropriation of name or likeness. Appropriation of name or likeness occurs when a defendant commandeers the plaintiff’s recognizability, typically for a commercial benefit. Most states allow plaintiffs who establish liability to recover defendants’ profits as damages from the misappropriation under an “unjust enrichment” theory. By contrast, this Comment argues that such an award provides a windfall to plaintiffs and contributes to suboptimal social outcomes. These include overcompensating plaintiffs and incentivizing …
Hacks, Leaks, And Data Dumps: The Right To Publish Illegally Acquired Information Twenty Years After Bartnicki V. Vopper, Erik Ugland, Christina Mazzeo
Hacks, Leaks, And Data Dumps: The Right To Publish Illegally Acquired Information Twenty Years After Bartnicki V. Vopper, Erik Ugland, Christina Mazzeo
Washington Law Review
This Article addresses a fluid and increasingly salient category of cases involving the First Amendment right to publish information that was hacked, stolen, or illegally leaked by someone else. Twenty years ago, in Bartnicki v. Vopper, the Supreme Court appeared to give broad constitutional cover to journalists and other publishers in these situations, but Justice Stevens’s inexact opinion for the Court and Justice Breyer’s muddling concurrence left the boundaries unclear. The Bartnicki framework is now implicated in dozens of new cases— from the extradition and prosecution of Julian Assange, to Donald Trump’s threatened suit of The New York Times …
Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker
Censorship, Free Speech & Facebook: Applying The First Amendment To Social Media Platforms Via The Public Function Exception, Matthew P. Hooker
Washington Journal of Law, Technology & Arts
Society has a love-hate relationship with social media. Thanks to social media platforms, the world is more connected than ever before. But with the ever-growing dominance of social media there have come a mass of challenges. What is okay to post? What isn't? And who or what should be regulating those standards? Platforms are now constantly criticized for their content regulation policies, sometimes because they are viewed as too harsh and other times because they are characterized as too lax. And naturally, the First Amendment quickly enters the conversation. Should social media platforms be subject to the First Amendment? Can—or …
Privacy, Press, And The Right To Be Forgotten In The United States, Amy Gajda
Privacy, Press, And The Right To Be Forgotten In The United States, Amy Gajda
Washington Law Review
When the European Court of Justice in effect accepted a Right to Be Forgotten in 2014, ruling that a man had a right to privacy in his past economic troubles, many suggested that a similar right would be neither welcomed nor constitutional in the United States given the Right’s impact on First Amendment-related freedoms. Even so, a number of state and federal courts have recently used language that embraces in a normative sense the appropriateness of such a Right. These court decisions protect an individual’s personal history in a press-relevant way: they balance individual privacy rights against the public value …
Revenge Porn And Narrowing The Cda: Litigating A Web-Based Tort In Washington, Jessy R. Nations
Revenge Porn And Narrowing The Cda: Litigating A Web-Based Tort In Washington, Jessy R. Nations
Washington Journal of Law, Technology & Arts
Effective September 2015, the Washington State Legislature passed two statutes which created both civil and criminal liability against individuals who distribute "intimate images" of others without their consent. These statutes were created to combat the modern phenomenon colloquially known as "revenge porn." Revenge porn is the non-consensual distribution of nude or sexually explicit photographs or videos, created with the intent to humiliate or harass the person these images depict. In addition to causing emotional damage to the victim, revenge porn can also produce broader consequences such as loss of employment and stalking. Traditionally, litigating these kinds of offenses has been …
The Hidden First Amendment Values Of Privacy, Sean M. Scott
The Hidden First Amendment Values Of Privacy, Sean M. Scott
Washington Law Review
The private facts tort protects the privacy of individuals by punishing the publication of private information. The First Amendment protects the press when it publishes information in which the public has a legitimate interest. The right to keep information private and the right to publish information sometimes conflict. The First Amendment is often the victor in these conflicts; courts are concerned that the private facts tort threatens First Amendment values. This Article challenges the argument that punishing a media defendant for publishing truthful information will threaten unduly First Amendment values. The Article argues instead that the private facts tort promotes, …