{"id":1404,"date":"2016-05-21T15:15:50","date_gmt":"2016-05-21T15:15:50","guid":{"rendered":"http:\/\/revolutionsincommunication.com\/law\/?page_id=1404"},"modified":"2025-09-19T13:57:16","modified_gmt":"2025-09-19T13:57:16","slug":"privacy-hypotheticals","status":"publish","type":"page","link":"https:\/\/revolutionsincommunication.com\/law\/privacy-hypotheticals\/","title":{"rendered":"PRIVACY HYPOTHETICALS"},"content":{"rendered":"<p><strong>Analysis &amp; critical thinking about privacy\u00a0 <\/strong><strong>\u00a0\u00a0<\/strong><\/p>\n<ol>\n<li>\u2014 Are any of the \u00a0four types of invasion of privacy present?\u00a0\u00a0 (Intrusion; Misappropriation; False Light; and Publication of Private Facts). Or, in Virginia and some other states, can the plaintiff allege Intentional Infliction of Emotional Distress?<\/li>\n<li>\u2014 Can any of the main privacy defenses be applied by potential defendants \/ respondents? \u00a0(Newsworthyness, Public Record,\u00a0 Consent)<\/li>\n<li>&#8212; If the allegation is Publication of Private Facts, are the facts so intimate and embarrassing that they would be &#8220;offensive to the average person?&#8221;<\/li>\n<li>&#8212; Analogous case law &#8212; What similar cases are there that can help guide your decision making process?<\/li>\n<li>&#8212; Mitigation &#8212; If you have made a mistake, what\u00a0can you do to mitigate damages?<\/li>\n<li>&#8212; Dismiss &#8212; If you are in a strong position, should you ask the court to dismiss the case before it goes to trial?<\/li>\n<li>&#8212; Ethics &#8212; Use the ethics checklist in \u00a0identifying the stakeholders,\u00a0\u00a0your ethics code (AdFed, PRSA, SPJ) , moral values, possible alternatives and the decision. \u00a0(See <a href=\"https:\/\/revolutionsincommunication.com\/law?page_id=465\">\u00a0Professional Ethics <\/a>at this this site).<\/li>\n<\/ol>\n<p><strong>\u00a0Privacy cases. \u00a0<\/strong>Turn in via D2L drop box.<\/p>\n<ol>\n<li>Someone in your university&#8217;s public affairs department takes pictures of students and puts up a billboard to advertise the school. However, they did not get permission, much less a signed &#8220;model release,&#8221; from the students. Can the students sue and recover damages?<\/li>\n<li>You&#8217;re writing a story about a sexual assault, and you have the victim&#8217;s name from a police report. \u00a0Do you print the name? Why or why not?<\/li>\n<li>Let&#8217;s say you do print a sexual assault victim&#8217;s name accurately from a police report, and he feels like his rights to privacy were violated and he sues you for invasion of privacy. \u00a0Does he have a case?<\/li>\n<li><b>\u00a0<\/b>You&#8217;re working on an ad campaign for a new gated community development, and learn that a famous rock star has already bought a lakefront lot. \u00a0The star does not want to endorse the development, but you know that sales will skyrocket if you somehow work him into the ad. Should you do it?<\/li>\n<li>\u00a0A student running for SGA president has AIDs. \u00a0You know this for a fact, and you check with\u00a0the student, and she confirms it but does NOT want that information out there. What do you do?<\/li>\n<li>You obtain a video of a married celebrity film star having a romantic moment with someone who is not her spouse. \u00a0The video seems to show passion and even has some nudity. \u00a0This is really going to get your show known. \u00a0 Should you use it?<\/li>\n<li>Naming Victims of sex crimes \u2013 In 2007, a 13-year-old boy disappeared while walking home from school in a small Missouri town. A tip from a school friend led police on a frantic four-day search that had a happy ending: the police discovered not only Ben, but another boy as well, who, four years earlier, had disappeared while riding his bike in the same town.\u00a0 \u00a0The question is whether children who are thought to be the victims of sexual abuse should ever be named in the media? Why or why not? Even you think it is unethical, was is your legal position if the name has inadvertently been published?\u00a0 Cite cases in privacy law.\u00a0 (This example is from <a href=\"https:\/\/www.spj.org\/ethics-case-studies\/\">SPJ Ethics Case Studies<\/a>.)<\/li>\n<\/ol>\n","protected":false},"excerpt":{"rendered":"<p>Analysis &amp; critical thinking about privacy\u00a0 \u00a0\u00a0 \u2014 Are any of the \u00a0four types of invasion of privacy present?\u00a0\u00a0 (Intrusion; Misappropriation; False Light; and Publication of Private Facts). Or, in Virginia and some other states, can the plaintiff allege Intentional &hellip; <a href=\"https:\/\/revolutionsincommunication.com\/law\/privacy-hypotheticals\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"full-width-page.php","meta":{"footnotes":""},"class_list":["post-1404","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/revolutionsincommunication.com\/law\/wp-json\/wp\/v2\/pages\/1404","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/revolutionsincommunication.com\/law\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/revolutionsincommunication.com\/law\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/revolutionsincommunication.com\/law\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/revolutionsincommunication.com\/law\/wp-json\/wp\/v2\/comments?post=1404"}],"version-history":[{"count":6,"href":"https:\/\/revolutionsincommunication.com\/law\/wp-json\/wp\/v2\/pages\/1404\/revisions"}],"predecessor-version":[{"id":6753,"href":"https:\/\/revolutionsincommunication.com\/law\/wp-json\/wp\/v2\/pages\/1404\/revisions\/6753"}],"wp:attachment":[{"href":"https:\/\/revolutionsincommunication.com\/law\/wp-json\/wp\/v2\/media?parent=1404"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}