This document discusses four types of privacy torts: intrusion, public disclosure of private facts, false light, and appropriation. It provides examples of cases related to each tort and outlines the elements required to prove each cause of action. Exceptions to the privacy torts are also discussed, including consent, news reporting, political ads, and situations where the use has transformative value or the person is not identifiable.

1.  Intrusion
 Private Facts
 False Light
 Appropriation

3.  Private Places
◦ Consent: explicit or implied
 Dietemann v. Time (1971)
 But other cases since have offered protection
◦ Police Ride-Alongs
 Wilson v. Layne (1999)
◦ Recording Phone Conversations

4. It is illegal to publicize private
information about a person if the matter
that is publicized:
a) would be highly offensive to a
reasonable person, and
b) is not of legitimate public concern or
interest.

5. Public Interest Trumps All

6.  Naming Rape Victims
◦ Cox v. Cohn (1975)
◦ Florida Star v. BJF (1989)

7. ◦ You post it—it’s out there
◦ What about if others post it?

8. It is illegal to publicize material that places an
individual in a false light if:
a) the false light in which the individual was placed
would be offensive to a reasonable person, and
b) the publisher of the material was at fault when
the publication was made.

9.  Similar to Libel
 Photo selection

10. It is illegal to appropriate an individual’s name or
likeness for commercial or trade purposes
without consent.

11.  Right of Privacy
◦ “Shame and humiliation”
 Right of Publicity (famous people)
◦ You have right to control your
image/name/likeness
 Extends to characters you have played
 Can be passed on to heirs after you die
◦ Look-alikes and sound-alikes
 Bette Midler/Ford
 Vanna White/Samsung

13.  Exceptions
◦ Consent
◦ News
◦ “The Booth Rule”
◦ Political Ads
◦ Transformative Value
 Artistic statement/parody

15.  Exceptions
◦ Consent
◦ News
◦ “The Booth Rule”
◦ Political Ads
◦ Transformative Value
 Artistic statement/parody
◦ Person not identifiable