TVR 312 Government & Media Test 3 Review

Invasion of privacy:
For each of the invasion of privacy torts:

• Know and be able to apply the plaintiff’s elements for each type of tort  
• Know the respondent’s defenses for each type of tort
• Know the relative difficulty of winning each type of lawsuit and why it is difficult
• Note any similarities to and differences from libel suits.
• Have a general sense of how courts might rule on these torts based on case precedent discussed in class or in the text.  You don't need to know the names of cases, just how they help shape what the courts view as actionable in each tort (having a sense of past precedent will help you with hypotheticals).
• From a set of facts be able to determine whether the plaintiff should file for one or more of the following:
  • A right of privacy appropriation lawsuit
  • A right of publicity appropriation lawsuit
  • An intrusion lawsuit
  • A publication of private facts lawsuit
  • False Light lawsuit
  • Libel lawsuit (won't ask you to work through a libel hypo, just be able to know when it is the right lawsuit compared to others).
• Be aware of the reasons given for and against publication of rape victim names
• Be aware of the specific legal implications of using technology, such as wiretaps.

Some additional things to pay attention to:

• Watch this ad before the test
• Have a sense of the shifting degree of privacy in this country (privacy defined broadly, not just the torts we discussed).
• Booth Rule
• Cookies
• Origins of privacy right
• Sources of law guiding invations of privacy claims
• Alito and Roberts views on privacy
• Limits on consent for appropriation
• Three basic types of intrusion
• Difference between publicity and publication
• Which torts are widely accepted by states and which torts are only accepted by a few states.
• Which torts are options under New York state law.

Contact:Dr. C.
URL- http://www.ithaca.edu/faculty/ncornwell/312/312T3review.html
Revised-April. 7, 2008