Chapter notes

A person is in a poor position to say there was an invasion of privacy when personal information is oluntarily placed in public view. 1. In privacy discussions, a frequent question is whether a reasonable person would expect information to be confidential, expectation of privacy. † stated as â€Å"a reasonable 2. For more than 20 years, â€Å"data mining† has been growing and media/Kroger cards have only increased this. a. The goal of a marketing strategist is to place an effective social message in front of the most likely group of â€Å"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 people not nowing they have given consent or objecting when they discover that information about them they thought was private is, in fact, public. In other words, under the circumstances, they were under the impression they had a reasonable expectation of privacy. EXAMPLE: Suppose Bo b has hemorrhoids, a severe case † and frequently Googles â€Å"hemorrhoid relief† and other, similar terms. Bob may be surprised when he gets 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 considered to be personal, medical information n the Internet for a marketing company to harvest. And it could go on from there. Suppose Bob applies for a Job as an airline pilot and a background check reveals his medical condition. It's not debilitating, but another applicant who doesn't have hemorrhoids gets the Job. Bob would never know he was discriminated against searches he had initiated. Worse, suppose Bob does not have hemorrhoids, but is a medical student writing a paper?Suppose he's shopping for health insurance and is denied coverage or pays an excessive premium due to a medical condition he doesn't even have? SALIENT POINT: When thinking about privacy, it's also important to consider whether an alleged intrusion was by government or by private interests. Remember that the Constitution's wording is about what government will do and won't do. D. The sequence of cases: Griswold v. Connecticut (1965) Contraception was illegal in Connecticut. Roe v. Wade (1973) Performing an abortion was illegal in Lawrence v. Texas (2003) Homosexual acts were illegal in Texas. 1 .Progressively, the Supreme Court expanded the â€Å"right to be left alone† absent a state interest as first envisioned 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 America's history, making people behave â€Å"properly' was deemed a valid role of government. Over the past 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 same-sex marriage legalization has become, â€Å"It doesn't a ffect me. The new public mindset is, â€Å"Who am I to Judge or tell people what is and what isn't an appropriate relationship? † In the ast, society had no problem with this. Too, consider whether the logical extension is whether polygamy, domestic 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 four area of privacy tort law, note that each has different elements of proof and defenses. Avoid confusing them. II. The four areas of privacy law/torts A.Appropriation of name or likeness for trade purposes AKA Commercial appropriation of a plaintiffs name or likeness. TEXT NOTE: There are two classes of plaintiffs in this tort – the nonfamous and the famous. Distinguishing them is critical to the analysis. For everyday people, damages are based on insult, emotional hurt. For celebritie s, damages are based on the Implied- by circumstances People who voluntarily place information before the public can't protest 1 . Appropriate means take without permission. a. As we have often seen, early 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 used in a newspaper ad. The d was not based on the person's fame and did not portray him in a negative way, but he was insulted, hurt emotionally, would not have consented. c. Famous people, celebrities, are different in that their images, their fame has commercial value. Putting my name on the packaging for a football wouldn't 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 â€Å"property' it can publicity. e sold or inherited Just like a ring or a car or a iece of furniture. This is why Elvi s and Michael Jackson have made 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 stress or preference, these interests are not inheritable. If for some reason a picture 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 identifiable? EXAMPLE: Suppose a movie is made and there's a real Jerk character named â€Å"Dean Mitchell. † I feel horrified and demeaned, but if the use of the name is purely incidental then too bad 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 tall and is used i n vinyl applied to all 0. 0. T. vehicles. Strangers come up to you on campus and say, â€Å"Hey, Bus Girl† and professors call on you in class as â€Å"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 it's not likely you have a basis for a lawsuit. b. In the context of celebrities due to their right of publicity, the analysis is easier. It's usually clear celebritys image for market that a defendant has used the advantage. in Taylor and I claim that speedy service is the basis for using â€Å"Swift. † c. Name or likeness doesn't have to be birth certificate name or front-on photograph. Chapter Notes If 10% of the population of the confederate state would take an oath, they could be readmitted back into the union. Lincoln was radical. Andrew Johnson and Reconstruction plans: wanted to let the southern states rebuild themselves, if they would take an oath of allegiance would be readmitted (not high ranked), restitution of property?did not include slaves. Hand pick governors and create their own governments. They had to revoke the secession ordinance, abolish slavery, and repay some of the war debts.However, the Radical Republicans were against this. South was democratic. Black Codes: any kind of codes used to discriminate against blacks. Beginning of segregation, doesn't specify race or whatever?grandfather clause. Freedman's Bureau: 50 acres and a mule. Wade-Davis Bill: radicals view. Republicans being very angry at Johnny's Ideas. Resistance of wage labor: against the blacks. The point when the blacks were trying to get Jobs, paid less or discriminated or didn't have wage. Wen t around to a lot of dif. Places, subsistence farmers. Thirteenth Amendment Fourteenth Amendment Blacks were citizensFifteenth Amendment gave black citizens the right to vote. = treatment under the law. Radical Republicans Reconstruction was about rebuilding society?totalitarian society. 5 dif. Military districts. SC the last state to be released from this. Radical Reconstruction Johnny's Impeachment not really removed from office. Impeached because he Election of 1868: Grant. Grant was a war hero Run for office and most likely win. Women's 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 believe in northern stuff. A lot of free open land, start businesses Go down south and get cheap land, some are sympathizers (n) SC: okay with new people moving down, help rebuild economy Black offic eholders: They can win because of gerrymandering (taking a district and shaping it oddly) Black majorities, had the eggbeater clause, make up rules and try to dissuade them from running. Rare because the whites were against it. Sharecropping: south has a lot of land, what happens is the freedman's 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 White 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 wanted to restore the south. Self-government, social standard.