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Encyclopedia > Invasion of privacy
Tort law I
Part of the common law series
Intentional torts
Assault  · Battery
False arrest  · False imprisonment
Intentional infliction of emotional distress
Property torts
Trespass to chattels
Trespass to land  · Conversion
Detinue  · Replevin  · Trover
Dignitary and economic torts
Slander and libel  · Invasion of privacy
Fraud  · Tortious interference
Alienation of affections
Breach of confidence  · Abuse of process
Malicious prosecution  · Conspiracy
Defenses to intentional torts
Consent  · Necessity
Self defense and defense of others
Fair comment (as to slander/libel)
Other areas of the common law
Contract law  · Property law
Wills and trusts
Criminal law  · Evidence

Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone. The right to privacy is the right to control property against search and seizure, and to control information about oneself. However, public figures have less privacy, and this is an evolving area of law as it relates to the media. Image File history File links Gnome-globe. ... Image File history File links Scale_of_justice. ... Tort is a legal term that means civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... An intentional tort is a category of torts that describes a civil wrong resulting from an intentional act on the part of the tortfeasor. ... At common law, battery is the tort of intentionally (or in Australia negligently) and voluntarily touching another person without lawful excuse or justification. ... False arrest is a common law tort, where a plaintiff alleges he or she was held in custody without reasonable cause or an order issued by a court of appropriate jurisdiction. ... False imprisonment is a tort, and possibly a crime, wherein a person is intentionally confined without legal authority. ... Intentional infliction of emotional distress (IIED) is a common law tort claim for intentional conduct that results in extreme emotional distress. ... Trespass to chattels is a tort whereby the infringing party has intentionally (or in Australia negligently) interfered with another persons lawful possession of a chattel. ... Trespass to land is a common law tort that is committed when an individual intentionally (or in Australia negligently) enters the land of another without lawful excuse. ... In law, conversion is a tort that deals with the wrongful interference with goods. ... In tort law, detinue is an action for the wrongful detention of goods from an individual who has a greater right to immediate possession than the current possessor. ... Replevin is an Anglo-French law term (derived from repletir, to replevy). ... Trover signifies finding. ... Libel redirects here. ... Tortious interference, in the common law of tort, occurs when a person intentionally damages the plaintiffs contractual or other business relationships. ... In United States law, alienation of affections is a tort action brought by a deserted spouse against a third party alleged to be responsible for the failure of the marriage. ... The tort of breach of confidence, is a common law tort that protects private information that is conveyed in confidence. ... Abuse of process is a common law intentional tort. ... Malicious prosecution is a common law intentional tort. ... In the law of tort, the legal elements necessary to establish a civil conspiracy are substantially the same as for establishing a criminal conspiracy, i. ... Consent (as a term of jurisprudence) is a possible justification against civil or criminal liability. ... In tort law, the defense of necessity is divided between private necessity (where a person commits a tort for the defense of his own property) and public necessity (where a person commits a tort for the public good, such as cutting down someone elses trees to stop the spread... This article and defense of property deal with the legal concept of excused (sometimes termed justified) acts that might otherwise be illegal. ... Fair comment is a legal term for a common law defense in defamation cases (libel or slander). ... A contract is a legally binding exchange of promises or agreement between parties. ... This article or section does not adequately cite its references or sources. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... The law of trusts and estates is generally considered the body of law which governs the management of personal affairs and the disposition of property of an individual in anticipation and the event of such persons incapacity or death, also known as the law of successions in civil law. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... Lady Justice is a personification of the law. ... how would you feel if teh govenment could watch you while you were on the toilet? Its getting really bad adn the politicians dont understnad that there are other ways! If you can do something about th eintrusion, do it . ... Public figure is a legal term applied in the context of defamation actions (libel and slander). ...

Contents

Development of the doctrine

The development of the doctrine regarding this tort was largely spurred by an 1890 Harvard Law Review article written by Samuel D. Warren and Louis D. Brandeis on The Right of Privacy. Modern tort law gives four categories of invasion of privacy: 1890 (MDCCCXC) was a common year starting on Wednesday (see link for calendar) of the Gregorian calendar (or a common year starting on Friday of the Julian calendar). ... The Harvard Law Review is a journal of legal scholarship published by an independent student group at Harvard Law School. ... Samuel Dennis Warren (born 1852) was a Boston attorney. ... Louis D. Brandeis Louis Dembitz Brandeis (November 13, 1856 - October 3, 1941) was an important American litigator, Justice, advocate of privacy, and developer of the Brandeis Brief. ...

  1. Intrusion of solitude - physical or electronic intrusion into one's private quarters.
  2. Public disclosure of private facts -- the dissemination of truthful private information which a reasonable person would find objectionable
  3. False light - the publication of facts which place a person in a false light, even though the facts themselves may not be defamatory.
  4. Appropriation -- the unauthorized use of a person's name or likeness to obtain some benefit

For other uses, see Solitude (disambiguation). ...

Intrusion of solitude

Intrusion of solitude occurs where one person exposes another to unwarranted publicity. In a famous case from 1944, author Marjorie Kinnan Rawlings was sued by Zelma Cason, who was portrayed as a character in Rawlings' acclaimed memoir, Cross Creek.[1] The Florida Supreme Court held that a cause of action for invasion of privacy was supported by the facts of the case, but in a later proceeding found that there were no actual damages. Year 1944 (MCMXLIV) was a leap year starting on Saturday. ... Marjorie Kinnan Rawlings photo taken by Carl Van Vechten, 1953 Marjorie Kinnan Rawlings (August 8, 1896 – December 14, 1953) was an American author who lived in remote rural Florida and wrote novels with rural themes and settings. ... The Florida Supreme Court is the highest court in the State of Florida. ...


Public disclosure

Public disclosure of private facts arises where one person reveals information which, although truthful, is not of public concern, and the release of which would offend a reasonable person [2].


False light

One who gives publicity to a matter concerning another that places the other before the public in a false light is subject to liability for invasion of privacy, if:

  1. The false light would be highly offensive to a reasonable person; and
  2. The actor acted with malice -- had knowledge of or acted with reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

See Section 652D of the Restatement (Second) of Torts. Malice is a legal term referring to a partys intention to do injury to another party. ...


The tort of false light involves a "major misrepresentation" of a person's "character, history, activities or belief." See Gannett Co., Inc. v. Anderson, 2006 WL 2986459 at 3 (Fla. 1st DCA Oct. 20, 2006.)

  • Example

For example, in Peoples Bank & Trust Co. v. Globe Int'l, Inc., a tabloid newspaper printed the picture of a 96-year-old Arkansas woman next to the headline “SPECIAL DELIVERY: World's oldest newspaper carrier, 101, quits because she's pregnant! I guess walking all those miles kept me young.” 786 F. Supp. 791, 792 (D. Ark. 1992). The woman (not in fact pregnant), Nellie Mitchell, who had run a small newsstand on the town square since 1963, prevailed at trial under a theory of false light invasion of privacy, and was awarded damages of $1.5M. The tabloid appealed, generally disputing the offensiveness and falsity of the photograph, and arguing that Mitchell had not actually been injured, and claiming that Mitchell had failed to prove that any employee of the tabloid knew or had reason to know that its readers would conclude that the story about the pregnant carrier related to the photograph printed alongside. The court of appeals rejected all the tabloid’s arguments, holding that “[i]t may be. . .that Mrs. Mitchell does not show a great deal of obvious injury, but. . . Nellie Mitchell's experience could be likened to that of a person who had been dragged slowly through a pile of untreated sewage. . . [and] few would doubt that substantial damage had been inflicted by the one doing the dragging.”

  • Criticism

The false light invasion of privacy cause of action has a source of hot debate among judges and legal scholars. See Gannett at 1. Some courts have held that this invasion of privacy action duplicates the cause of action for defamation, while allowing the plaintiff to avoid the strict requirements that are designed to ensure freedom of expression. Gannett at 4.

Appropriation

Although this is a common-law tort, most states have enacted statutes that prohibit the use of a person’s name or image if used without consent for the commercial benefit of another person.


Privacy and the Fourth Amendment

Invasion of privacy is a commonly used cause of action in a legal pleading. The Fourth Amendment to the Constitution of the United States ensures that "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." The amendment, however, only protects against searches and seizures conducted by the government. Invasions of privacy by persons who are not state actors must be dealt with under private tort law. In the law, a cause of action is a recognized kind of legal claim that a plaintiff pleads or alleges in a complaint to start a lawsuit. ... In the law, a pleading is one of the papers filed with a court in a civil action, such as a complaint, a demurrer, or an answer. ... The Fourth Amendment to the United States Constitution, which is part of the Bill of Rights, guards against unreasonable searches and seizures. ... A state actor is a term used in United States civil rights law to describe a person who is acting on behalf of a governmental body, and is therefore subject to regulation under the Fifth and Fourteenth Amendments, which prohibit the federal and state governments, respectively, from violating the rights... Tort is a legal term that means civil wrong, as opposed to a criminal wrong, that is recognized by law as grounds for a lawsuit. ...


Notes

  •   Cason v. Baskin, 20 So. 2d 243 (Fla. 1944) (note: Baskin was Rawlings' married name)

See also

how would you feel if teh govenment could watch you while you were on the toilet? Its getting really bad adn the politicians dont understnad that there are other ways! If you can do something about th eintrusion, do it . ...

External links


  Results from FactBites:
 
Invasion of privacy - Wikipedia, the free encyclopedia (419 words)
Invasion of privacy is a legal term essentially defined as a violation of the right to be left alone.
Invasion of privacy is a commonly used cause of action in a legal pleading.
Invasions of privacy by persons who are not state actors must be dealt with under private tort law.
  More results at FactBites »

 
 

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