Creative Editing
Chapter 6
Exercise 5
5. Consider each of the following situations in terms of privacy. Tell which privacy category, if any, and what defense, if any, apply. Which side is likely to win if a privacy lawsuit is filed?
a. Suzy Goodtan, movie celebrity, was sunbathing nude in her backyard, which is surrounded by an 8-foot privacy fence. A photographer stood on a 10-foot ladder to look over the fence and take Suzy's picture. The picture was never published.
b. Mark Jones was shopping at the Super Save Supermarket yesterday when a big display of tomato soup cans fell on his head. He is now in the hospital, suffering from a head injury. A photographer who happened to be in the supermarket at the time of the accident took a picture of Mark lying on the floor awaiting the ambulance. The local newspaper published the picture with a tagline reading "Freak Accident," and the caption included Jones' name and address.
c. If the picture caption mentioned in item b included the name and address of the Super Save Supermarket, would the owner of the market have a good chance to win a libel or privacy lawsuit? Explain.
d. In the same edition of the newspaper that ran the picture of his accident, Mark Jones was surprised to see an advertisement with a picture of him and his cute six-year-old daughter entering the store. Copy for the ad reads: "Mark Jones and six-year-old Heather enjoy shopping at Super Save, where they can buy at the lowest prices in town."
e. A famous actress is in town to appear in a play. The local newspaper publishes a picture of a prominent local executive, who is married, embracing the actress in a hotel lobby. The picture caption identifies both the man and the actress.
f. The caption for the picture of the actress and the prominent executive embracing implies that the two have a romantic relationship.
g. A magazine reveals that 25 years ago Stephen Goodman was released from prison after serving a 10-year term on a conviction of molesting children. During the past 25 years, Goodman has been an outstanding citizen in town and has been honored for his volunteer work with children. Goodman's family, friends and business associates were unaware of his past criminal conviction.
h. A magazine reveals that 25 years ago Stephen Goodman was arrested and charged with molesting children but was acquitted after a trial.
i. A magazine publishes a story revealing intimate, graphic details about the sex life of a famous Hollywood actor. The story is based on interviews with two long-time employees at the actor's home.
j. To attract subscribers, a newspaper uses direct mail advertising to all non-subscribers in town. The ad includes a page reprinted from the newspaper, showing a color picture of the star quarterback at the state university.
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