MC 4163 THIRD EXAM STUDY GUIDE:
Know the legal DEFINITION for this common law privacy tort, the DEFENSES against it, the appropriate COURT CASES, and how it is treated under OKLAHOMA LAW.
Intrusion:
- What are the similarities and differences between trespass and intrusion?
- Is intrusion an information-gathering tort or a publication tort?
- For intrusion to have occurred, the plaintiff must have had a reasonable what?
- Be familiar with the examples on intrusion, including those involving the Internet.
- Rules of thumb regarding intrusion and public places. Be familiar with the examples of what is considered public and considered private. Be familiar with the Shulman case.
- Does the First Amendment provide a right to harass people in public?
- Galella v. Onassis (2nd Cir. 1973).
- How do you distinguish between harassment and aggressive reporting? Wolfson v. Lewis
- Rules regarding the use of hidden recording devices. Be familiar with the examples, including:
- In Oklahoma, when can someone secretly record in-person conversations?
- When is the recording of face-to-face interviews always legal? Why?
- Dietemann v. Time, Inc. (9th Cir. 1971)
- Cassidy v. ABC (Ill. 1978)
- Desnick v. Capital Cities/ABC (5th Cir. 1995)
- Rules of thumb regarding the use of information obtained through intrusion.
- Bartnicki v. Vopper (2001)
- Pearson v. Dodd (D.C. Cir. 1969)
- Bilney v. Evening Star (MD 1979)
- In Oklahoma, ...
- Must the intrusion have been intentional?
- Must the intrusion be highly offensive to a reasonable person?
- In what forms can intrusion occur? Does asking questions amount to intrusion?
- Why is it not intrusion to secure information about the plaintiff from a public official and publish it?
- What defenses are created by the required elements of intrusion?
- Why was photographing the deceased soldier not intrusion?
- Statute of limitation for filing an intrusion claim in Oklahoma.
- Trespass:
- What is trespass? Be familiar with the examples.
- Does the First Amendment create a journalist's privilege to trespass?
- How much weight do courts give to "no trespassing" signs?
- What is a critical factor in determining if a reporter has trespassed?
- Do reporters trespass when they enter a private business that is open to the public? Even if the reporter is posing as a customer?
- Even when reporters are found civilly liable for trespass, are they always responsible for publication damages? Why?
- Under which conditions is it or is it not trespass to use a helicopter to photograph or film a person from above his home or other private property?
- Can government officials give permission for reporters to illegally enter private property? Why?
- How did "To Catch a Predator" become a government actor?
- Reporters who enter private property need the permission of whom? May police and firefighters give permission?
- Trespass in Oklahoma
- Stahl v. Oklahoma (Ok. Ct. of Appeals 1983)
What were the majority's and Judge Brett's rationales? With whom do you agree?
- Fraud
- What is fraud?
- Can reporters be held liable for fraud when they go undercover to obtain information?
- Food Lion v. Capital Cities/ABC (4th Cir. 1999): What were the issue and outcome?
- Rules of thumb regarding obeying lawful police orders. Does the First Amendment grant reporters the right of special access at disaster or crime scenes?
- Rules regarding recording telephone conversations.
- What does it mean for Oklahoma to be a "one-party consent" state?
- What is the rule of thumb regarding taping a telephone call from a one-party state to a two-party state?
- What advice does the Reporters Committee for Freedom of the Press give journalists regarding the recording of telephone calls?
- What is the FCC rule for broadcasting a telephone conversation either live or recorded?
- Why does the rule exist?
- Against whom is the rule primarily enforced?
- How has it been applied to broadcast reporters?
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