August 25, 1997
To: LEM [Law of Electronic Media] Class
From: Nicholas Johnson
Re: Privacy Material Discussion Wednesday, August 27
As you know from the posted assignment sheet, Wednesday evening we will be discussing the "privacy" material, chapter 14, pp. 745-790. The following class (September 3) we will cover the "introduction" to the course.
In preparing yourself to comprehend, and be able to discuss, this material, keep the following (illustrative, not exhaustive) questions/issues in mind:
Prior to/without regard to "media," and without regard to newer technologies (such as the Internet), what are the contexts in which the law has recognized a right of "privacy" and some examples of each?
What is it precisely/how would you describe the nature of the interest that the law is protecting in these cases (e.g., is the trespass relevant in the privacy trespass cases; and, by contrast, how is "privacy" relevant to the Onassis and kidnaping cases on p. 751)?
How would you go about the task of figuring out what is a "reasonable expectation of privacy"? What factors might modify that expectation from one context/person/time to another? Do you agree with the Dietemann court, p. 754, that we "should not be required to take the risk" of recording?
Where did "for advertising purposes, or the purposes of trade" come from? Is it an accident of history or a rational standard? How does the right protected differ from colloquial "privacy"?
What are the implications of "privacy law" for the news media? What considerations do the media bring to the balance? Are ethical/professional standards enough, or do we need "law"? Are there categories of facts that should not be published under any/most circumstances? Why?
What are some of the technologies available today with privacy implications? Do they create a unique set of new issues/problems, or are they merely extensions/applications of the old ones?
Finally -- or, perhaps, first -- it is important to be able to feel, as well as to intellectualize, what these cases are about. In "actors' studio" fashion, try to recall an instance in which you thought your privacy was inappropriately compromised. What were your feelings at that time?