Question 1

In an advertisement,Creamy Ice Cream shows a woman eating one of the company's ice cream bars.The woman looks just like Sandra Johnson,a pop singer-but it was not Johnson.Johnson,who didn't give permission to the ice cream company,sues Creamy.Johnson will

Accepted Answer

Sandra Johnson has the right to her own likeness and image and did not give permission for the company to use a lookalike in the advertisement. This is a violation of her right of publicity, and she would likely win the case.

Question 2

Which of the following is a true statement about the reasonable expectation of privacy test from the Katz decision?

Accepted Answer

The reasonable expectation of privacy test from the Katz decision encompasses all the mentioned aspects: it applies when a person shows an actual expectation of privacy, when society is ready to recognize this expectation as reasonable, and when the Fourth Amendment is invoked to protect against unreasonable searches and seizures.

Question 3

The magazine Macintosh Computing runs an advertisement for itself in another magazine,PC Quarterly.The ad includes a picture of John Fence,head of Macrosell.John Fence

Accepted Answer

The picture was used in an advertisement, not in an article.

Question 4

Which Amendments are considered to protect different aspects of personal privacy?

Accepted Answer

The Third Amendment protects against the quartering of soldiers in private homes without consent, the Fourth Amendment safeguards against unreasonable searches and seizures, the Fifth Amendment includes protections against self-incrimination, and the Fourteenth Amendment has been interpreted to protect the right to privacy in personal decision-making.

Question 5

Which federal government agency protects consumer privacy and enforces federal privacy laws?

Accepted Answer

The Federal Trade Commission (FTC) is the federal government agency responsible for protecting consumer privacy and enforcing federal privacy laws. They oversee data security and privacy practices for businesses and organizations and can impose penalties for non-compliance.

Question 6

A false light plaintiff must prove the story

Accepted Answer

The answer of A false light plaintiff must prove the...

Question 7

When a judge talks about a transformative use in a right-to-publicity case,the judge is referring to

Accepted Answer

A transformative use in a right-to-publicity case is a use that is not a literal reproduction of the plaintiff's likeness but a use in which the defendant has added a creative element to the likeness, such as making it a parody. This type of use is considered transformative because it adds something new or different to the original likeness, rather than merely copying or exploiting it for commercial gain.

Question 8

Which of the following could lead to a successful intrusion lawsuit?

Accepted Answer

Option A is an example of trespassing and invasion of privacy, but it does not involve intrusion as the photographer did not physically enter the person's private space. Option B involves hacking into someone's computer without permission, which is a clear example of intrusion. Option C involves taking a picture of someone inside their private space, but since it was taken from a public location and through an open door, it does not qualify as intrusion. Therefore, only options A and B meet the criteria for a successful intrusion lawsuit.

Question 9

Most of the recent Supreme Court cases involving privacy are directly tied to which Constitutional amendment?

Accepted Answer

The Fourth Amendment protects citizens from unreasonable searches and seizures by the government. Many recent Supreme Court cases involving privacy, such as Carpenter v. United States (2018) and Riley v. California (2014), have focused on how the government's use of technology to collect and search personal data may violate this amendment. The Third and First Amendments are not typically associated with privacy cases.

Question 10

If courts in a state rule that the right of publicity is a property right,that means

Accepted Answer

If the courts rule that the right of publicity is a property right, it means that it is a type of intellectual property that can be inherited and passed down to heirs after a person's death. This means that the right of publicity would survive a person's death.

Question 11

The best defense against an intrusion lawsuit is

Accepted Answer

Consent from the plaintiff is the best defense against an intrusion lawsuit, as it indicates that the plaintiff agreed to the actions that would otherwise be considered intrusive.

Question 12

False light differs from libel because

Accepted Answer

False light requires that the plaintiff show the statement would highly offend a reasonable person, whereas libel requires the plaintiff to show injury to reputation. Additionally, in false light, the statement does not necessarily have to be false, but rather must create a misleading impression about the plaintiff.

Question 13

Jane Johnson was a famous rock star,but retired 20 years ago and withdrew from the public eye.While she was a musician,she stole a very valuable diamond ring from another musician.She quickly returned the diamond,was not arrested for theft,and only her brother knew about the incident.Last week,Spy Magazine published an article revealing the theft.Johnson sued Spy Magazine for private facts.

Accepted Answer

Johnson will likely lose the lawsuit because the passage of time does not change the newsworthiness of a previously hidden fact. The fact that Johnson stole a valuable diamond when she was a musician may still be of public interest, even if it occurred 20 years ago. Additionally, the fact that Johnson quickly returned the diamond and was not arrested may not be a strong enough argument for invasion of privacy.

Question 14

A radio commercial uses the voice of a singer sounding remarkably like Lilly Jones singing part of her hit record,"Fainting." The singer is not Jones.To avoid an appropriation lawsuit for a "sound-alike" problem in the advertisement

Accepted Answer

Using a disclaimer is the best option to avoid any legal issues. By stating that the singer in the advertisement is not Lilly Jones, the company can avoid any confusion and potential lawsuits.

Question 15

A reporter falsely tells a homeowner she is from the county assessor's office,a government agency.The homeowner admits the reporter into the house.Later discovering the reporter's true identity,the homeowner sues for intrusion.The homeowner likely will

Accepted Answer

The answer of A reporter falsely tells a homeowner she...

Question 16

Which recent Supreme Court case held that a police officer cannot search a suspect's smartphone without a warrant?

Accepted Answer

Riley v. California (2014) held that the police generally must obtain a warrant to search the digital contents of an arrested individual's phone.

Question 17

A professor is crossing the university lawn on his way to the library.She is walking with a man who is not her husband.A newspaper photographer,standing on the sidewalk in front of the library,takes a picture of the couple and the picture appears in the next day's paper.The cutline says,"Professor Janine Jones and Sam Smith enjoy the spring air." The professor would have a good case for

Accepted Answer

The scenario does not involve appropriation, intrusion, private facts, or false light. The photo was taken in a public place, and the cutline does not misrepresent the professor or reveal private information.

Question 18

Sally,a reporter for the Daily Sun,is at a detective's desk in the police station.There is an official folder open on the desk.Without touching the folder,Sally is able to see a document containing the name of a minor who had been arrested for burning down his parents' garage.Sally writes a story about the arrest,including the minor's name.The minor's parents sue Sally and the Daily Sun for private facts.Sally and the Daily Sun will

Accepted Answer

Sally did not physically access the folder and the information she obtained was truthful and obtained from a public record, which means it can be lawfully reported. The fact that the minor's name was in the record makes it a matter of public record and not a private fact. Therefore, Sally and the Daily Sun did not violate any privacy rights by publishing the story. The fact that the subject is a minor is not relevant in this case as the information was obtained from a public record.

Question 19

The way courts accept and apply the four privacy torts

Accepted Answer

The acceptance and application of the four privacy torts vary from state to state, as not all states recognize all four torts in the same way, and there are differences in how they are applied and interpreted.

Question 20

A reporter meets a fire truck at a huge blaze engulfing a large house.The reporter asks the fire fighters if she can follow them into the garage attached to the house,which is the one part of the building not yet covered in flames.The fire fighters say "yes," and the reporter follows the fire fighters into the garage.The homeowner

Accepted Answer

The homeowner's permission is crucial for entry into their property. If the reporter entered without the homeowner's consent, it could be considered intrusion, regardless of the firefighters' permission.

Quiz 6: Protecting Privacy