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AdamMAXIS

Would Anyone Happen To Be A Lawyer?

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The legal right of privacy has been defined as the right to be let alone, the right of a person "to withhold himself and his property from public scrutiny if he so chooses." Federal Trade Commission v. American Tobacco Co. 262 U.S. 276 (1923) However, unlike the First Amendment right to free speech, privacy (in the media context) is not a right explicitly guaranteed by the Constitution. Instead, privacy law has developed over the last 100 years. During that time, four separate kinds of privacy invasion have emerged: (1) Public Disclosure of Private and Embarrassing Facts, (2) False Light, (3) Intrusion and (4) Misappropriation.

 

 

I. Public Disclosure of Private and Embarrassing Facts

 

Courts have recognized that certain intimate details about people, even though true, may be "off limits" to the press and public. For example, publishing detailed information about a private person's sexual conduct, medical condition or educational records might result in legal trouble. In order to succeed in this kind of lawsuit, the person suing must show that the information was:

 

(1) sufficiently private or not already in the public domain,

 

(2) sufficiently intimate, and

 

(3) highly offensive to a reasonable person.

 

 

The "Newsworthiness" Defense

 

A news organization will be protected from a private facts privacy claim if it can show that the material published was "newsworthy." Almost any information about a well-known public figure or a public official will be considered newsworthy. Furthermore, reports of recent involvement in criminal behavior will be considered newsworthy for anyone.

 

 

Printing the Names of Minors

 

In the unanimous 1979 decision, Smith v. Daily Mail, 443 U.S. 97 (1979), the U.S. Supreme Court ruled that the First Amendment protects the right of journalists to use the names of minors in newsworthy stories as long as the information is "lawfully obtained" and "truthfully" reported.

 

 

II. False Light

 

A false light claim can arise anytime you unflatteringly portray -in words or pictures- a person as something that he or she is not. A typical "false light" problem can arise where a misleading caption is published with a photo (for example, a caption describes a bystander at an unlawful demonstration as a "participant"). The elements of false light, found in the Restatement (Second) of Torts, Sec. 652E are:

 

 

(1) the portrayal must be found to be "highly offensive to a reasonable person" and

 

(2) the actor had knowledge of or acted in reckless disregard as to the falsity of the publicized matter and the false light in which the other would be placed.

 

 

The same legal standards that apply to libel apply to false light. The distinction between false light and libel is that in false light claims one need not prove injury or damage to reputation, but only that the statement was highly offensive. Courts in some states have refused to recognize false light claims because of their similarity to libel.

 

 

III. Intrusion Upon Seclusion

 

Intrusion is a claim often based on the act of news gathering. A reporter can be sued even when the information obtained is never published. It occurs when a reporter gathers information about a person in a place where that person has a reasonable right to expect privacy. However, newsworthiness can also be a defense to this kind of privacy invasion. As a general rule, reporters are allowed to enter privately owned public places, for example, private school campuses or malls. However, also as a general rule, they must leave when they are asked.

 

 

Three most common types of intrusion

 

(1) Trespass: going onto private property without the owner's consent.

 

(2) Secret Surveillance: using bugging equipment or hidden cameras. The laws vary by state but as a general rule reporters can legally photograph or record anything from a public area, such as a sidewalk, but they cannot use technology to improve upon what an unaided person would be able to see or hear from that public place.

 

(3) Misrepresentation: invalid or exceeded consent. Undercover reporting is not necessarily an invasion of privacy as long as the disguise is not used as a means to trespass or engage in an activity that would not otherwise be allowed. For example, it would not be an intrusion for a minority student reporter to pose as a potential pledge to investigate a story about racial discrimination inside a fraternity. The reporter has a right to pledge whether he is serious about it or not.

 

 

Information illegally obtained by a source

 

Occasionally, the news media is provided with unsolicited, "confidential" information by an outside source. For example, a box of incriminating documents is left outside the newsroom or a tape of an intercepted and very sensitive cell phone conversation arrives mysteriously by mail. As long as the journalists themselves have not engaged in unlawful conduct to obtain the information or encouraged or assisted others in doing so, they have done nothing wrong. Moreover, if the information concerns a newsworthy topic, the Supreme Court has ruled that the news media will generally be protected from an invasion of privacy lawsuit if they should decide to publish it. Bartnicki v. Vopper, 121 S.Ct. 1753 (2001).

 

 

IV. Misappropriation of Name or Likeness

 

Misappropriation is the unauthorized use of a person's name, photograph, likeness, voice or endorsement to promote the sale of a commercial product or service. (For example, using a photo of your school's star athlete in an for a pizza restaurant without her permission.) To avoid problems, publications should routinely have subjects sign a model release form written in simple, straightforward language when using their name or likeness in a commercial ad. Regardless of whether or not a release form has been signed, however, courts have generally allowed the media to reuse editorial photos or clips in its own self-promotion provided there is no suggestion that the person actually endorsed the publication.

 

Mmmm being right is good :mrgreen:

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Oh wait a minute... hopefully you'll still be alive at 50.. don't drink and drive ;):cheers:

He needs do nothing to be killed in a drunk driving crash except get in his car and pull out of the driveway, stone cold sober. One in five drivers is legally intoxicated.

 

Are we using the message to not drink and drive as a means to end in a :filtered: contest? Or am I misunderstanding the seriousness of your message Adam? In case you wondered, automobile crashes are the number one killer of boys your age. And it stays that way until your about 27.

 

Just tossing in my usual $1.25. If I was wrong Adam, I apologize.

 

Angela

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A boy can't watch out for his elders? I love my Newdles :wub:

 

I don't want him to get hurt in a drinking and driving accident.. I mean.. you did hear all the wild stories he was telling from his youth didn't you?

Also Angela, you don't have to worry about me ;) . I don't drive anywhere, I usually walk to the places I have to go.. and I'm pretty cautious... always on the edge of my seat! woo but uhh...Thanks for watching out for me Angela :)

All the motherly love puts a smile on my face! :)

Edited by AdamMAXIS

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boing... boing... boing... :lol:

That must have a meaning in Aussie speak,,but I'll be damned if I know for sure what it is!! :) v

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That must have a meaning in Aussie speak,,but I'll be damned if I know for sure what it is!! :) v

Kylie_Smiley Posted on Feb 24 2004, 04:44 PM

--------------------------------------------------------------------------------

You are quite the duracell bunny aren't ya adam?  

 

Get it now v.? :mrgreen:

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Satire and Cartoons

If a statement cannot reasonably be interpreted by readers to be one of express or implied fact, it cannot be libelous. In Walko v. Kean College of New Jersey, 561 A.2d 680 (N.J. Super.L. 1988) a case involving an ad that associated a college assistant dean with a telephone sex service, the court stated that "A parody or spoof that no reasonable person would read as a factual statement, or as anything other than a joke - albeit a bad joke - cannot be actionable as a defamation."

 

Yep.. them parodys... ya know, they are just jokes.

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Perhaps you should consider how childish, and cruel it is to create a web site for no other propose then to tell lies, and try to defame and slander someone, not to mention the legal problems you can create for yourself, and your parents.

I couldn't agree more. It seems you already had your mind made up when you posted your original question and just wanted somebody to justify it for you. Well your research seems to have given you plenty of justification LEGALLY. Now if you really felt that the web site was a non factor, why are you still replying? I don't think anybody here is gonna give you the moral go ahead that you also seem to be looking for.

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Ever watch Saturday Night Live or Mad TV? Surely the writers of that show are immature and wrong and evil? Or are they just creative and know how to make people laugh.. This is all in good fun. Its not like I put horrible threats and coarse language on these things.. Morally wrong.. no I don't think so. ;)

 

Some quotes are in order? :mrgreen::shifty:

Posted Image

Posted Image

Only perspective of this whole thing you can get is from either me, amm or alan.

This article is pretty good... http://www.scu.edu/ethics/publications/iie...1/homepage.html

Edited by AdamMAXIS

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Well I think that it is childish for you to go out and make a website that hurts a persons reputation, you can call them fictional characters all you want but if they clearly depict a person you are trying to slander then it will not hold up. I know if I have a problem with someone I will tell them straight up, "mean what you say and say what you mean" is my motto. If she irritated you then call her on it, you are well within your rights to go up to her and give her a piece of your mind but trying to hurt someone's reputation like you did is not respectable or commendable.

 

And as for Bruce what are you trying to accomplish by trying to personally attack a young man like Adam. He is young and just made a mistake now give him a break. I am sure he is a fine young man and will turn out to be a great guy, but like all of us he just does some things that he will look back at someday.

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Adam you obviously have a problem with this girl.

Why don't you try a little psychology? Be really nice to her, compliment her, tell her how smart she is and how you have misjudged her. If necessary put all that on a website.

You will be amazed at the results this can achieve. After a few days she will probably disappear from your life for ever as she will be totally convinced that you are completely mad.

Or, you may even make a new friend.

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Wow what a thread........ read the whole thing....... :)

 

I gotta say though, I find it very funny that most are coming down so hard on AdamMAXIS over a girl no one knows and .......... as one person said........

Perhaps you should consider how childish, and cruel it is to create a web site for no other propose then to tell lies,

And yet no one seems to really care that one of our "own" pit members was lied to and deceived ..... actually i guess that would be 2 of our own pit members now......

 

AHHhhhh...... Life just goes on......

 

Don't worry about it AdamMAXIS ....... There are far worse things you could have done....... and I am sure most "respectable" people here have done far worse things than what you have done.......

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I dont really think it matters...if she actually takes this personally and lets it affect her on any large scale she has mental issues that she needs to take care of and do so before she enters the real world.

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ok im not trying to start anything with anyone or cause trouble or disturbence in the pit. I just have a simple question. You said that the girl printed out the website and showed it to a guidence consular? (sry for spelling) Then technicaly the school shouldt have got'n involved. This problem did not happon at the school, it took place at home (or other place, not school) so the school should have no authorty to tell you what to do if it does not pertain to the school or its well-being.

 

once again i do not mean this to "flame" anyone or to continue the what its seems to be endless battle.

 

I hope everything turns out well for both sides of the argument.

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I need to speak with a lawyer... would anyone happen to be a lawyer? If so, can you PM me? :mrgreen:

Or... if you are good with the law.. I could use some help.. Free speech issue :mrsgreen:

Hey,do you know the difference between a lawyer and a buzzard?

The lawyer has removable wing tips. :mrwinky:

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i said it before and ill say it again,your a low life adam,just a little punk who needs to be taken around the corner and paint the side walk red.

 

females take insults way harsher then males do,call a guy ugly and he brushes it off,do the same to a female and it hurts them,you think what your doing is funny and all it got you was more people here to realize your an idiot.

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invision, i strongly recommend that you modify your post or delete it. We have already gone through all of this earlyer and dont need to keep on bringing it up. No matter what your thought or views about someone there are defently better ways of voiceing them. We dont need a flame war here

Edited by BBYTech587

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invision, i strongly recommend that you modify your post or delete it. We have already gone through all of this earlyer and dont need to keep on bringing it up. No matter what your thought or views about someone there are defently better ways of voiceing them. We dont need a flame war here

:blink: well im sorry i have been here long enough too see him cause trouble more then once.

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Wow what a thread........ read the whole thing....... :)

 

And yet no one seems to really care that one of our "own" pit members was lied to and deceived ..... actually i guess that would be 2 of our own pit members now......

 

AHHhhhh...... Life just goes on......

 

Don't worry about it AdamMAXIS ....... There are far worse things you could have done....... and I am sure most "respectable" people here have done far worse things than what you have done.......

Who was lied to Cathie? . Or are you referring to something else

 

She was trying to put the "moves" on his friend Allen.

 

Could he have done far worse? Yes. But, if your going to post something like this you have to expect positive and negative reactions.

 

Like somebody said he was looking for a justification. Not going to get it from everybody here. I personally think comparing this to SNL and MAD TV is silly different things. Personalties and celebrities are in the limelight and expect stuff like that, hell some want it. This "big" girl with "one or two" friends? Naw, not the same thing. Let it go, be the bigger person.

 

Again, he'll do what he wants and look down the road years later.

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i said it before and ill say it again,your a low life adam,just a little punk who needs to be taken around the corner and paint the side walk red.

 

females take insults way harsher then males do,call a guy ugly and he brushes it off,do the same to a female and it hurts them,you think what your doing is funny and all it got you was more people here to realize your an idiot.

Wow.. how old are you? Judging by your grammar and spelling skills I'd say you were a 14 year old :P

BTW, this is no NORMAL female here.... She has a disease, a very unhealthy obsession with Alan... Infatuation if you will... She's liked him since the day she saw him.. I wouldn't doubt that she has made plans to kill alan's gf :blink:

I'm just trying to protect him... if only you people knew the whole story.. don't jump to conclusions.. especially you invision!! You can't solve all your problems by beating someone until they bleed ;)

Edited by AdamMAXIS

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Wow.. how old are you? Judging by your grammar and spelling skills I'd say you were a 14 year old :P

 

This sort of comment, and a few other unnecesary comments I have seen in this thread, are what are most threads get closed for. Just a little subtle hint for yas.

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Wow.. how old are you? Judging by your grammar and spelling skills I'd say you were a 14 year old :P

 

This sort of comment, and a few other unnecesary comments I have seen in this thread, are what are most threads get closed for. Just a little subtle hint for yas.

Posted: Feb 24 2004, 08:39 AM

 

i said it before and ill say it again,your a low life adam,just a little punk who needs to be taken around the corner and paint the side walk red.

 

females take insults way harsher then males do,call a guy ugly and he brushes it off,do the same to a female and it hurts them,you think what your doing is funny and all it got you was more people here to realize your an idiot.

 

Personally speaking, I would have thought this post would have been more a worthy example :erm:

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