Question 1

The founders wisely included "The Right to Privacy" in the Bill of Rights.

Accepted Answer

The Bill of Rights does not explicitly mention "The Right to Privacy." The concept is derived from various amendments, including the First, Third, Fourth, and Fifth Amendments, through judicial interpretation.

Question 2

The Supreme Court ruled in Cox v. Cohn that the First Amendment permits the media to disseminate private information-such as the name of a young rape victim-revealed in a record submitted in open court.

Accepted Answer

The Supreme Court indeed ruled in Cox v. Cohn (1975) that the media has the First Amendment protection to publish truthful information obtained lawfully from public records. In this case, the court held that the press had the right to identify a rape victim by name, which had been mentioned in a plea agreement entered into the public record, after she had already been named in an open courtroom.

Question 3

The Supreme Court has ruled that a citizen has no privacy claim if private information is revealed in a public court record.

Accepted Answer

This is known as the "public record doctrine." Once something becomes a part of a public court record, there is no expectation of privacy for the information contained within it. This includes personal information such as social security numbers, financial information, and medical records. However, there are certain exceptions to this doctrine, such as in cases involving trade secrets or national security.

Question 4

In the case Florida Star v.B. J.F., the Supreme Court ruled that a newspaper was NOT liable for violating the privacy of a rape victim when the newspaper published her name, which was provided by a sheriff's office.

Accepted Answer

The Supreme Court ruled that a newspaper was NOT liable for violating the privacy of a rape victim when the newspaper published her name, which was provided by a sheriff's office, in the case Florida Star v. B.J.F.

Question 5

Journalists and public relations practitioners hoping to avoid private facts suits should be especially careful to get permission when publishing personal medical information, particularly information about children.

Accepted Answer

Personal medical information, especially about children, is considered private and sensitive, and therefore journalists and PR practitioners should obtain proper consent before publishing such information to avoid potential lawsuits.

Question 6

While privacy law allows the media great latitude to disseminate private information, courts have ruled that the media may invade a private person's privacy if they gather or disseminate medical information about children or adults without consent.

Accepted Answer

Courts have ruled that the media may invade a private person's privacy if they gather or disseminate medical information about children or adults without consent.

Question 7

When journalists or public relations professionals shoot pictures and videos of young children receiving therapy at a hospital, the photographers and videographers may need to get written consent from parents and officials.

Accepted Answer

To protect the privacy of the children and comply with HIPAA regulations, written consent is often required before media can capture images or videos of children receiving therapy in a hospital setting.

Question 8

Hulk Hogan often bragged about his wide-ranging sexual adventures, but Gawker paid him $31 million for posting a secretly recorded video of Hogan having sex with a friend's wife.

Accepted Answer

This statement is true. Gawker posted a secretly recorded video of Hulk Hogan having sex with a friend's wife and were ordered to pay him $31 million in damages.

Question 9

Edward Snowden revealed that the National Security Agency was collecting bulk data about Americans' phone calls and emails without authorization under the Patriot Act.

Accepted Answer

Edward Snowden did reveal that the NSA was collecting bulk data about Americans' phone calls and emails without authorization under the Patriot Act.

Question 10

Courts have ruled that it is newsworthy and not highly offensive to disclose the unusual behavior of a surfer, the sexual orientation of a veteran who saved the president's life, the whereabouts of a former child prodigy, and the photo of a partially nude crime victim in a public place.

Accepted Answer

Courts have consistently upheld the newsworthiness and public interest in reporting on certain personal information, such as unusual behavior or achievements, heroic acts, and crime victimization. However, the balance between newsworthiness and invasion of privacy may depend on the nature and context of the disclosure.

Question 11

In the case Glik v. Cunniffe, a federal appeals court ruled that citizens have a First Amendment right to record police conducting official duties in a public place.

Accepted Answer

This is a correct statement. The ruling was made by the US Court of Appeals for the First Circuit in Boston in 2011. It affirmed that the First Amendment protects the right of individuals to document police activities in public spaces, as long as they do not interfere with law enforcement actions.

Question 12

Under the Right to be Forgotten that is recognized in Europe, Google and other American internet companies must, if asked, remove links on their servers (at least within European countries) to nude photos, long-ago convictions for minor crimes, and ads for Nazi memorabilia.

Accepted Answer

This statement is true. The Right to be Forgotten allows individuals in Europe to request removal of links to personal information on search engines, including Google, within the European Union. This includes links to certain types of content like nude photos, minor criminal convictions, and hate speech.

Question 13

Courts have ruled that a photographer intrudes if he or she shoots a couple, without their permission, having lunch at McDonalds, because the couple has a well-established expectation of privacy in any restaurant.

Accepted Answer

While a couple may have a reasonable expectation of privacy in certain circumstances, such as in their own home, they do not have a well-established expectation of privacy in a public place such as a restaurant. Therefore, it would not necessarily be considered an intrusion for a photographer to take their picture without permission.

Question 14

Businessman Bob is on a trip with a lover unknown to his wife. Photographer Paul shoots-but does not publish-a picture of Bob and his lover kissing on a public beach. Bob should be able to sue successfully for intrusion.

Accepted Answer

Since the picture was not published, there was no intrusion on Bob's privacy rights. Intrusion involves the invasion of one's privacy through physical, electronic, or other forms of surveillance, and the publication or dissemination of such information. Without the publication or dissemination of the image, Bob's privacy has not been invaded in this case.

Question 15

Businessman Bob is on a trip with a lover unknown to his wife. Photographer Paul shoots a picture of Bob and his lover kissing on a public beach. Paul also posts the picture on social media. Bob should be able to sue successfully for publication of private facts.

Accepted Answer

The publication of the picture on a public beach is not considered private facts, as there is no reasonable expectation of privacy in a public place.

Question 16

Once private information becomes newsworthy, it may remain newsworthy for years.

Accepted Answer

This is because once the information is made public, it can continue to affect individuals involved in the story or have implications for society as a whole. It may also be brought up again in future discussions or investigations.

Question 17

Broadcasters must tell participants in a telephone conversation if the conversation is being recorded for broadcast.

Accepted Answer

This is required by law in many countries, including the United States and United Kingdom, under wiretapping and privacy laws. Failure to obtain consent or provide notification can result in legal action and penalties.

Question 18

It is legal in a majority of states for a participant to secretly record a conversation.

Accepted Answer

The majority of states in the United States have one-party consent laws which mean that at least one person in a conversation must give permission for it to be recorded. Therefore, it is legal in a majority of states for a participant to secretly record a conversation as long as they are one of the participants in the conversation. However, some states have two-party consent laws which require all parties in a conversation to give permission for it to be recorded. It is important to check the laws of the state where the recording will take place before recording a conversation.

Question 19

It is unlawful for journalists to tap telephones.

Accepted Answer

Tapping telephones without proper authorization is considered illegal and a violation of privacy laws. It is not a practice that should be engaged in by journalists or anyone else.

Question 20

Law enforcement officials must always get a search warrant before acquiring records of citizens' phone calls.

Accepted Answer

This statement is incorrect. Law enforcement officials do not always need a search warrant before acquiring records of citizens' phone calls. In certain circumstances, they may be able to obtain this information through other legal means such as a subpoena or court order. Additionally, there are exceptions to the search warrant requirement, such as in the case of emergency situations.

Quiz 5: Privacy