Chapter notes

A person is in a scurvy position to say there was an invasion of privacy when personal education is oluntarily placed in public view. 1. In privacy discussions, a prevalent question is whether a reasonable person would expect information to be confidential, expectation of privacy. severalised as a reasonable 2. For more than 20 years, data mining has been growing and media/Kroger cards take away only trade magnitude this. a. The goal of a marketing strategist is to place an effective brotherly message in front of the most in all likelihood group of customers at possible expense. b.Social media is essential to this end. the least C. Pushback stemming from privacy concerns comes in the form of mickle non nowing they leave given consent or objecting when they celebrate that information about them they thought was secret is, in fact, public. In other words, chthonic the circumstances, they were under the impression they had a reasonable expectation of privacy. EXAMPLE count Bob has hemorrhoids, a severe case and frequently Googles hemorrhoid relief pitcher and other, similar terms. Bob may be surprised when he rewards an e-mail with a coupon for Preparation H.He might be aghast to discover he has actually put what he has put what he rolled to be personal, medical information n the Internet for a marketing club to harvest. And it could go on from there. conjecture Bob applies for a Job as an airline pilot and a background check reveals his medical condition. Its not debilitating, further another applicant who doesnt have hemorrhoids gets the Job. Bob would never cognise he was discriminated against searches he had initiated. Worse, suppose Bob does not have hemorrhoids, provided is a medical student writing a paper?Suppose hes shopping for health insurance and is denied coverage or pays an excessive premium cod to a medical condition he doesnt even have? SALIENT POINT When thinking about privacy, its also important to consider whether a n alleged intrusion was by government or by private matter tos. Remember that the Constitutions wording is about what government will do and wont do. D. The epoch of cases Griswold v. Connecticut (1965) Contraception was illegal in Connecticut. Roe v. Wade (1973) perform an abortion was illegal in Lawrence v. Texas (2003) Homosexual acts were illegal in Texas. 1 .Progressively, the Supreme Court expanded the make up to be left entirely absent a state interest as first visualise by Warren and 2. Needless to say, these cases represent a sea change in Brandeis in 1890. American social and legal history. For most of Americas history, do people behave properly was deemed a valid role of government. Over the away few decades, we have come to the point that unless government cant state a strong public interest to be achieved, it has to leave us alone. EXAMPLE In the past few years, the standard response to equivalent-sex sum legalization has become, It doesnt affect me. The new p ublic mindset is, Who am I to Judge or tell people what is and what isnt an appropriate relationship? In the ast, society had no problem with this. Too, consider whether the logical extension is whether polygamy, house servant violence or similar behaviors can/should be legalized on the same basis, TEXT NOTE Only people have a right to privacy. Organizations businesses, universities, nonprofits do not. Only people. TEXT NOTE As we discuss the quaternity argona of privacy tort law, note that each has different elements of substantiation and defenses. Avoid confusing them. II. The four areas of privacy law/torts A.Appropriation of build or likeness for trade purposes AKA Commercial appropriation of a plaintiffs name or likeness. TEXT NOTE There are two disseveres of plaintiffs in this tort the nonfamous and the famous. Distinguishing them is critical to the analysis. For e preciseday people, modify are based on insult, randy hurt. For celebrities, damages are based on the Im plied- by circumstances populate who voluntarily place information before the public cant protest 1 . Appropriate means take without permission. a. As we have often seen, beforehand(predicate) on in legal circles, this was considered a problem. b.Starting in Georgia in 1905, an person was awarded not $25,000 when his image was utilise in a newspaper ad. The d was not based on the persons fame and did not portray him in a negative way, but he was insulted, hurt steamyly, would not have consented. c. Famous people, celebrities, are different in that their images, their fame has commercial value. lay my name on the packaging for a football wouldnt help sell it. Putting Eli Mannings name instead would be designed to improve sales. The property interest celebrities have in their name in likeness is called right of (1) Because a right of publicity is property it can publicity. e sold or inherit Just like a ring or a car or a iece of furniture. This is why Elvis and Michael Jackson have make millions more annually since they died than when alive. (2) But for private plaintiffs complaining of commercial appropriation, because damages are based purely on emotion or essay or preference, these interests are not inheritable. If for some reason a figure of speech of your mom assuming she is not a celebrity appears on a package of flour after damages. 2. Name or likeness her death, there is no basis to recover a. More often than not, this will be a Jury question (question of fact).How clear was it that the defendant ntended you to be placeable? EXAMPLE Suppose a movie is made and theres a historical Jerk character named Dean Mitchell. I feel horrified and demeaned, but if the use of the name is purely incidental then too uncool for me. No damages. Incidental use. EXAMPLE Without your knowledge or permission, your picture is taken at an 0. 0. T. stop. Next thing you know, this photo has been enlarged 12 feet in height(predicate) and is used in vinyl applie d to all 0. 0. T. vehicles. Strangers come up to you on campus and say, Hey, Bus Girl and professors call on you in class as bus girl. You have a case for he emotional stress this causes, if any. On the other hand, if the picture is in profile or something and you recognize your image but others do not, then its not credibly you have a basis for a lawsuit. b. In the context of celebrities due to their right of publicity, the analysis is easier. Its usually clear celebritys image for market that a defendant has used the advantage. in Taylor and I claim that speedy improvement is the basis for using Swift. c. Name or likeness doesnt have to be birth certificate name or front-on photograph.Chapter NotesIf 10% of the population of the band together state would take an oath, they could be readmitted back into the union. Lincoln was radical. Andrew Johnson and Reconstruction plans cute to let the southern states remodel themselves, if they would take an oath of allegiance would be r eadmitted (not high ranked), restitution of property?did not include slaves. Hand clump governors and create their own governments. They had to revoke the secession ordinance, abolish slavery, and repay some of the war debts.However, the source Republicans were against this. South was democratic. Black Codes any kind of codes used to discriminate against blacks. Beginning of segregation, doesnt specify race or whatever?granddad clause. Freedmans Bureau 50 acres and a mule. Wade-Davis Bill radicals view. Republicans being very angry at Johnnys Ideas. Resistance of wage labor against the blacks. The point when the blacks were assay to get Jobs, paid less or discriminated or didnt have wage. Went around to a lot of dif. Places, subsistence farmers. Thirteenth Amendment Fourteenth Amendment Blacks were citizensFifteenth Amendment gave black citizens the right to vote. = interposition under the law. Radical Republicans Reconstruction was about rebuilding society? totalitarian socie ty. 5 dif. Military districts. SC the last state to be released from this. Radical Reconstruction Johnnys Impeachment not really removed from mop upice. Impeached because he Election of 1868 consort. Grant was a war hero Run for office and most likely win. Womens suffrage homestead act. Women that moved out west were more independent with the farms, were widows b/c their husbands died. More Independent women In the west.Carpetbaggers and scalawags Carpetbaggers entrees from the north. SC southerners who commit in northern stuff. A lot of free open land, lower businesses Go down south and get cheap land, some are sympathizers (n) SC okay with new people moving down, help rebuild economy Black officeholders They can win because of gerrymandering (taking a district and formation it oddly) Black majorities, had the eggbeater clause, make up rules and try to dissuade them from running. high-flown because the whites were against it. Sharecropping south has a lot of land, what hap pens is the freedmans bureau gives 50 acres of land.Split up land and give It to the people. Blacks turned to land for support live off of It, subsistence farming, part of land went back to the people that lived there. Nicer way for the masters to get their stuff back. Rise of the UK Klux Klan Nathan Bedford Forest. Starts the ASK. A confederate general who starts it out of (Knights of gaberdine Camilla) hate. Anybody that was going to run, they intimidate them. Tried to scare them away, threats, one of the first terrorist groups. Redeemers ex-confederates that valued to restore the south. Self-government, social standard.