Discussion Questions
For the following assignment, answer each chapter discussion question in detail. Provide examples.
1. Should wrongful intent or news-gathering methods by defendants have any bearing on the outcome of privacy lawsuits? For example, suppose a trespassing news reporter slipped unnoticed into a physician's office, stole an individual's medical file, and then published information from the file-including the fact that the individual was infected with HIV. If the medical information was legitimately newsworthy, would the reporter's wrongful methods be the slightest bit relevant in a lawsuit brought by the individual subject of the story? Has the Supreme Court answered this question, or has it left the door open to such a lawsuit? Explain
2. For purposes of the appropriation tort, the trick sometimes is determining whether the individual's name or likeness was used for a commercial purpose.
How would you categorize the following unauthorized uses?
(a) Putting an employee's picture on the front of the company's monthly employee newsletter?
(b) Using a business customer's picture on the cover of the company's shareholder magazine?
(c) Using a campaign contributor's name in a political ad urging support for a senatorial candidate?
(d) Using an individual doctor's picture on a flyer for a cancer society fundraising event?
(e) Using a college professor's picture in a calendar being sold on campus to raise funds for a fraternity? Explain