5 Written Questions
4 Matching Questions
- Example of Transformative use
- Intentional Infliction of Emotional Distress
- True or False? Because the right to privacy is found in the Constitution, the law of privacy is identical from one state to the next.
- a False
- b That right to publicity can be transformed from dead people to their companies or families - Rosa Parks song by OutKast
- c 1. That the parody or satire amounted to a statement of fact, not opinion.
2.That it was a false statement of fact.
3.That the person who drew the cartoon or wrote the article knew it was false, or exhibited reckless disregard for the truth or falsity of the material. that is proof of actual malice is necessary.
- d guilty knowledge
5 Multiple Choice Questions
- Compensatory damages for actual injury
- The use of a person's name or likeness in an advertisement for a magazine or a newspaper or v program is usually not regarded as an appropriation
- 1. by arguing that the statements are rhetorical hyperbole
2. by arguing that the statements are protected by the first amendment
3. by arguing that the statements are fair comment and criticism
- NY Times v. Sullivan
5 True/False Questions
one of the "Emanations and Penumbras" in the constitution where the justices have found privacy rights → An "inherit right" the privacy is everywhere and no where in the constitution
Ollman test → Determines whether a statement of opinion is true or false
Four Privacy Torts → must prove negligence. Those who are not classified as public figures
Presumed Damages → General Damages
Public Official → Must prove actual malice. A person who has done something to influence public opinion on a particular issue