In this module we will learn about the origins and basic theory of the right to privacy. The elements of this tort and the defenses available to communicators are also part of this discussion. Four types of common law privacy are studied here: publication of private matters or disclosure of embarrassing facts, intrusion, false light privacy, and appropriation or right of publicity. We will also review forms of federal privacy, such as data privacy, and privacy law jurisprudence at the Supreme Court level (e.g., Griswold v. Connecticut and the recent Dobbs v. Jackson vis a vis Roe v. Wade, among others). In turn, we will review the common law defenses, namely consent and applicable defamation defenses, among others.
● Definition of privacy (federal versus common law privacy). ● Historical background. ● Elements required before suing for common law privacy. ● Defenses available against a privacy claim. ● International considerations, including online media.
● Define what constitutes an invasion of privacy. ● List significant events in the history of privacy in the U.S. ● Describe the elements necessary to sue for privacy and the defenses
available to defendants. ● Observe how privacy is developing abroad and online.
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