MC 4163 — THIRD EXAM STUDY GUIDE:

• Why have other states rejected this tort?
   
  
• Is truth a defense?
   
  
• Do plaintiffs often win on this tort?
   
  
• What criteria constitute this tort?
   
  
• What was the Tenth Circuit's reasoning for rejecting the argument that a photo taken at a public funeral service for a deceased soldier contained private facts about the plaintiffs' lives?
   
  
• In Anderson v. Blake, what was the federal judge's reasoning in declaring that an Oklahoma City television station and reporter were not liable for public disclosure of private facts even though they had aired portions of a videotape of an alleged rape?
   
  
• Are public events considered private? Is that an absolute defense?
   
  
• Why have the Oklahoma Supreme Court and U.S. Suprme Court established nearly complete protection for the media to accurately report from public records?
  • McCormack v. Oklahoma Publishing (Okla 1980)
  • Cox Broadcasting v. Cohn (1975)
  • Florida Star v. B.J.F. (1989)
  
   
  
• What have courts generally ruled regarding state statutes prohibiting the publication of a rape victim's name? What reasoning have the courts relied upon?
   
  
• What standard is used to determine offensiveness? Be familiar with the examples.
   
  
• Is newsworthiness a defense?
  • Courts say it's whose job to decide what is newsworthy?
     
    
  • Do court define "legitimate public concern" narrowly or broadly? What do courts focus on?
     
    
  • Do sensationalism and sensational treatment generally remove the protection of newsworthiness?
     
    
  • Does the law of privacy protect people who are involuntarily pushed into the public spotlight through no fault of their own? Why?
     
    
  • Do people closely associated with or related to public figures also lose some of their privacy?
     
    
  • Virgil v. Time Inc.: Where is the line between private and public information? Understand how that has been applied. What do courts look for in these kinds of cases?
     
    
  • What advice does the SPJ Code of Ethics give journalists in this area?
     
    
  • McCormack v. Oklahoma Publishing (Okla 1980)
    • The legitimate public concern requirement is based upon what policy?
       
      
    • A defense is created if the plaintiff is in....
       
      
    • Under those circumstances, the right of privacy is not what?
    
     
    
  • According to the Tenth Circuit, why was the photo taken at the deceased soldier's funeral considered newsworthy?
     
    
  • According to the Tenth Circuit, under what circumstances does the newsworthiness defense extend to coverage of private figures who have not sought publicity or consented to it?
    • Which two competing social interests must be balanced?
    
     
    
  • Courts give preference to the news judgment of whom? Liability is limited to what?
     
    
  • Where is the line drawn?
    • That standard provides breathing space for what to occur?
    
     
    
  • In Anderson v. Blake, why were the video clips substantially related to a matter of legitimate public concern? (Boil it down to the reasons.)
     
    
  • According to the Tenth Circuit, why would engaging in an activity that could be of general interest not render every aspect of a person's life subject to public disclosure?
     
    
  • In Lee v. Calhoun, why were a doctor's quotes revealing a patient was HIV-positive substantially related to a matter of legitimate public concern? (Know all the reasons.)
     
    
  • When could the defense apply to information disseminated for purposes of education, amusement or enlightenment?
  
   
  
• Does a public person remain so over time? This is true even when ...
   
  
• How is publicity determined in Oklahoma? Be familiar with the examples.
   
  
• What is the statute of limitations for filing this claim in Oklahoma?
   
  

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