Study sets, textbooks, questions
Upgrade to remove ads
Mass Comm. Law - Exam 3 - Intrusion
Terms in this set (67)
What is intrusion?
Intruding into someone's seclusion or private life
Is intrusion an information-gathering tort or a publication tort? Why?
Information-gathering; because the legal wrong occurs when information is gathered -- publication of the information is not needed
Is truth a defense?
Is newsworthiness a defense?
Must the intrusion be highly offensive to a reasonable person?
Must the intrusion have been intentional?
In what forms can intrusion occur?
By physical, electronic or mechanical means into someone's solitude or private space. It can also be an investigation or examination into someone's "private concerns, as by opening his private and personal mail, searching his safe or his wallet, examining his private bank account, or compelling him by a forged court order to permit an inspection of his personal documents"
Does asking a question amount to intrusion?
Why is it not intrusion to secure information about the plaintiff from a public official and publish it?
It may have been improper, but that doesn't make it sufficient to state a claim for intrusion
What is the statute of limitation for filing an intrusion claim in Oklahoma?
For intrusion to occur, the plaintiff must have a reasonable what?
Expectation of privacy
When would a plaintiff not have that?
If they are in a public place or have given consent
When is the recording of face-to-face interviews always legal? Why?
Always, because when the reporter's recorder or camera is in plain view consent is presumed
Why was photographing the deceased soldier not intrusion?
It was a public event
Why was reposting pictures of a child from a publicly available Facebook page not intrusion?
The facebook page was public
When is it almost always illegal to record a conversation?
When you are not a party in the conversation, do not have consent to tape it and could not naturally overhear it
In Oklahoma, when can someone secretly record in-person conversations?
When they are recording face-to-face interviews or to record someone who does not have a reasonable expectation of privacy in that communication
What are examples of places where a reasonable expectation of privacy exists?
A public place, a locker room, dressing room or restroom, a doctor's office
When is the recording of face-to-face interviews always legal? Why?
When the camera is in plain view; because consent is presumed
What does it mean for Oklahoma to be a "one-party consent" state?
Reporters may secretly record telephone calls to which they are a party or have the consent of one of the parties
What is the rule of thumb regarding taping a telephone call from a one-party state to a two-party state?
Err on the side of caution and assume that the stricter state laws apply
What advice does the Reporters Committee for Freedom of the Press give journalists regarding the recording of telephone calls?
Err on the side of caution; assume the strictest state law will apply.
What is the FCC rule for broadcasting a telephone conversation either live or recorded?
Reporters must tell the other party of that intention before doing so.
Why does the rule exist?
To protect individuals' legitimate expectation of privacy, as well as preserve their dignity by avoiding nonconsensual broadcast of their conversations.
Against whom is the rule primarily enforced?
Radio "shock jocks"
How has it been applied to broadcast reporters?
Airing telephone calls without notifying the source
Does the First Amendment create a journalist's privilege to trespass?
In Stahl v. Oklahoma (Ok. Ct. of Appeals 1983), what were the majority's and Judge Brett's rationales?
The court said the First Amendment does not shield newspersons from liability for torts and crimes committed in the course of news-gathering. The court treated the site as government property, but that didn't mean it was open to the public.
Judge Brett said enforcing the criminal statute was unjustified and a violation of the Oklahoma Constitution's free press freedoms and "destructive of the right of a free press to gather news when the State did not have a greater, substantial or legitimate interest to be served."
The protests were newsworthy event and media coverage was at the very core of the protection afforded by the First Amendment
Press access to this newsworthy event was not reasonable because the press was designated a specific area to be on the site before the demonstration began when it could not have been known where the demonstration would take place. This kind of prior restraint has been deemed to be presumptively invalid. The information the press sought was about the operation of the government and this type of information the public had a deserved right to know.
With whom do you agree?
What are the general rules regarding journalist liability for information obtained through intrusion?
What are the general rules regarding information obtained in public places?
There is no reasonable expectation of privacy
Does the First Amendment provide a right to harass people in public?
Do reporters commit intrusion when they enter a private business that is open to the public? Even if the reporter is posing as a customer?
What advice is given for gathering news on private property?
go on the private property to cover the news event but leave if asked to by the owner or by officials.
Do you have the right to take photos and videos of police exercising their official duties in public places?
When recording them, you should do what and don't do what?
Stay calm and don't interfere with them
When may police officers order you to move?
For public safety reasons
When may police search your cellphone?
When they have a warrant based on probable cause from a judge
So, you may refuse to do what?
Review or delete what you recorded, unlock your phone, give them your passcode
Understand the reasoning why recording audio without a police officer's consent typically does not violate state wiretap laws.
There are two kinds of wiretaps laws: those that require "all parties" to a conversation to consent to audio recording (12 states), and those that only require "one party" to consent (38 states, the District of Columbia, and the federal statute). Thus, if you're in a one-party consent state, and you're involved in an incident with the police (that is, you're a party to the conversation) and you want to record audio of that interaction, you are the one party consenting to the recording and you don't also need the officer's consent. If you're in an all-party consent state, and your cell phone or recording device is in plain view, your open audio recording puts the officer on notice and thus their consent might be implied. Additionally, wiretap laws in both all-party consent states and one-party consent states typically only prohibit audio recording of private conversations—that is, when the parties to the conversation have a reasonable expectation of privacy.
Do police officers have a reasonable expectation of privacy when exercising their official duties in public?
Independent recording of police officers is critical for ensuring what?
Which First Amendment theories would best support such recording by the public and press?
Does HIPAA apply to medical emergencies in public?
Does HIPAA apply to police?
When a police officer confronts you about recording in public, you should do what instead of what?
Ask questions, don't argue
Is there an invasion of privacy in a public place?
Do police enforce the civil tort of intrusion?
It could be a crime to disobey a police officer's order, but if the officer simply asks, you can do what?
Can you be punished for disobeying a police officer's order if the officer doesn't have legal grounds for the order?
Are you required to show police a press ID when you are in a public place?
Always ask the officer for what?
Name and agency
Do you have the right to take photos and videos of police in public places?
For intrusion to occur, the plaintiff must have a ______ _______ of ________ .
reasonable expectation of privacy
Intrusion is not a publication tort because the harm occurs when the _________________________________________________.
information is gathered
Under the tort of intrusion, ...
Having recorded the person in public would be a defense.
A journalist would MOST likely commit intrusion when ...
opening someone's mail
In Oklahoma, the plaintiff has ______ year(s) in which to file an intrusion lawsuit.
Which statement about intrusion or trespassing is LEAST accurate?
Reporters have a First Amendment right to trespass if the information gathered is sufficiently newsworthy.
Under Oklahoma law, reporters may secretly record telephone calls to which they are a party or have the consent of one of the parties because Oklahoma is considered a ______________ state.
Under an FCC rule, television and radio reporters intending to broadcast a telephone conversation live or record it for later broadcast ...
Must tell the other party of that intention before doing so.
Which statement about recording police officers is LEAST accurate?
Even when police do not have a search warrant, you must unlock your cellphone, or provide your password, and allow officers to review and delete what you recorded.
Which statement about confrontations with police about recording in public is LEAST accurate?
HIPAA requires that police stop people from recording medical emergencies in public and arrest those who don't.
A photographer for The O'Golly takes a picture of a man and woman passionately kissing on the steps of the Edmon Low Library. The photographer snaps their picture without their knowledge or consent. The next day, the photo appears on Page One of The O'Golly, illustrating a story about Valentine's Day.
The man, Larry Litigious, is upset about the publication of the picture because that woman was not his wife and his wife saw the photo. He sues the newspaper for intrusion.
Will Litigious most likely win? Yes or No. WHY? Defend your answer.
No, because people in public places have no reasonable expectation of privacy.
Other sets by this creator
Mass Comm. Law - Exam 3 - Open Meeting Act
Mass Comm. Law - Exam 3 - Open Records Act
Mass Comm. Law - Exam 3 - Public Disclosure of Pri…
Mass Comm Law - Exam 3 - Privacy v. Access
Other Quizlet sets
Spanish II Tecnomundo Preguntas personales
T-38 AA1201 - Forces of Flight
Accounting Chapter 9
Module VII Exam