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Articles 1 - 7 of 7
Full-Text Articles in Privacy Law
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
Samantha Barbas
Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against …
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
When Privacy Almost Won: Time, Inc. V. Hill (1967), Samantha Barbas
Journal Articles
Drawing on previously unexplored and unpublished archival papers of Richard Nixon, the plaintiffs’ lawyer in the case, and the justices of the Warren Court, this article tells the story of the seminal First Amendment case Time, Inc. v. Hill (1967). In Hill, the Supreme Court for the first time addressed the conflict between the right to privacy and freedom of the press. The Court constitutionalized tort liability for invasion of privacy, acknowledging that it raised First Amendment issues and must be governed by constitutional standards. Hill substantially diminished privacy rights; today it is difficult if not impossible to recover against …
The Supreme Court And The Press: Freedom Or Privilege?, Sandra Bradley
The Supreme Court And The Press: Freedom Or Privilege?, Sandra Bradley
Akron Law Review
This comment will examine the Supreme Court's spring, 1978 decisions as they affected first amendment rights, and will assess their impact upon the press. Particular emphasis will be placed on Zurcher v. Stanford Daily as it affects first amendment, as well as fourth amendment, protections.
Bad News: Privacy Ruling To Increase Press Litigation, The Florida Star V. B.J.F., Mary Ellen Hockwalt
Bad News: Privacy Ruling To Increase Press Litigation, The Florida Star V. B.J.F., Mary Ellen Hockwalt
Akron Law Review
This note analyzes the history and precedent upon which the Court relied in reaching Florida Star's "harsh outcome." Next, the note discusses how the Court, by refusing to extend its holding beyond the facts of the case and give broad Constitutional protection to publications of truth, failed to provide lower courts with any guidance in deciding future invasion of privacy actions. Finally, the note examines the Court's balancing test: weighing the privacy interests of a crime victim against the newspaper's freedom to print truthful information.
The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas
The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas
Journal Articles
In 1890, Samuel Warren and Louis Brandeis, in their famous Harvard Law Review article The Right to Privacy, called for a new legal right that would allow the victims of truthful but embarrassing press publicity to recover damages for emotional harm. Currently, in most states, it constitutes a tort if the disclosure of “matter concerning the private life of another” would be highly offensive to a reasonable person and the matter is not “of legitimate concern to the public,” or newsworthy. However, because courts generally consider virtually everything that appears in the news media to be newsworthy, the public disclosure …
Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor
Small Hope Floats: How The Lower Courts Have Sunk The Right Of Privacy, Stephanie D. Taylor
West Virginia Law Review
No abstract provided.
The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill
The Ambush Interview: A False Light Invasion Of Privacy, Kevin F. O'Neill
Law Faculty Articles and Essays
The ''ambush" interview is a controversial investigative reporting technique permeating both national and local television news programming. In the typical ambush interview, a reporter and his news crew intercept an unsuspecting newsworthy subject on the street and bombard him with incriminating accusations ostensibly framed as questions. The ambush interviewee inevitably appears guilty before the viewing audience. This is due to a variety of forces, including the subject's severe credibility disadvantage and the accusatory nature of the reporter's questions. This Note applies a false light invasion of privacy analysis to the ambush technique and examines the nexus between the technique and …