Activity #5
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Florida International University *
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Feb 20, 2024
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Activity #5: The Right to be Left Alone
1.
Who was Justice Louis Brandeis and what did he say about privacy?
Justice Louis Brandeis, a U.S. Supreme Court Justice, famously said in his dissenting opinion
in Olmstead v. United States in 1928, "The right to be let alone is the most comprehensive of rights and the right most valued by civilized men." This statement is often cited as a foundational idea in American privacy law.
2.
What is the Fourth Amendment and what is it's ties to privacy?
The Fourth Amendment to the U.S. Constitution protects against unreasonable searches and seizures, safeguarding individual privacy by requiring warrants based on probable cause and describing the items or individuals to be searched or seized.
3.
What is meant by the phrase "the right to be left alone"?
The phrase "the right to be let alone" refers to the fundamental right to privacy, where individuals have the autonomy to keep their personal lives, thoughts, and activities private and free from unwarranted government or external interference. It emphasizes the importance
of personal space and the ability to make choices without unnecessary intrusion from others or the government. Justice Louis Brandeis famously referred to this right in his dissenting opinion in the Olmstead v. United States case, highlighting its significance as a cornerstone of
individual liberties.
4.
What is the significance of the Supreme Court case Olmstead v. United States (1928)?
The significance of the Supreme Court case Olmstead v. United States (1928) lies in its role in shaping privacy law, with Justice Brandeis' dissent emphasizing the right to privacy and laying the foundation for future privacy rights cases.
5.
What is the significance of the Court case Barber v. Time (1942)?
The Barber v. Time case in 1942 established a privacy law precedent. Ruthie Barber sued Time Magazine for invading her privacy by publishing an article about her medical condition without consent. The court ruled in her favor, affirming individuals' right to privacy, even in matters of public interest, setting a precedent for media and privacy rights cases.
6.
What is the significance of the Supreme Court case Griswold v. Connecticut (1965)?
Griswold v. Connecticut (1965) established the constitutional right to privacy for married couples. It struck down a Connecticut law banning contraceptives and ruled that the Constitution implicitly protected privacy, impacting future cases like Roe v. Wade and changing the Court's view of the Constitution as evolving with societal changes.
7.
What is the significance of the U. S. Privacy Act of 1974?
The Privacy Act of 1974 regulates the collection, use, and disclosure of personally identifiable information (PII) by federal agencies and provides individuals with certain rights regarding their information.
8.
What does it mean to be "autonomous"?
"Autonomous" means having the freedom and capacity to make independent decisions and act according to one's own will, free from excessive external influence or control.
9.
What is the USA Patriot Act? What does it say? What does it protect?
The USA PATRIOT Act is a U.S. law enacted after 9/11 to enhance national security. It grants
law enforcement powers for surveillance, information sharing, financial record monitoring, immigration enforcement, and search/seizure. While it aims to bolster security, it has raised concerns about civil liberties and privacy.
10. What is meant by the phrase "electronic eavesdropping"?
"Electronic eavesdropping" means secretly listening to or intercepting electronic communications, such as phone calls or digital messages, without permission.
11. What is meant by the phrase "industrial espionage"?
"Industrial espionage" is the covert, often illegal, collection of confidential information from businesses or competitors to gain a competitive advantage.
12. What is meant by “legitimate public interest”? Why is it important in determining invasion of privacy claims?
"Legitimate public interest" is the idea that certain matters of public concern can outweigh an individual's right to privacy in specific cases. It's important in invasion of privacy claims because it helps balance individual privacy rights with the need for transparency and accountability in matters that affect the broader community.
13. What does the term “spot news” refer to? Give an example.
"Spot news" refers to a form of journalism that covers events as they happen, rather than being planned or anticipated. These are typically events that are unexpected and newsworthy, such as natural disasters, accidents, or spontaneous public events. 14. What is meant by public disclosure?
"Public disclosure" refers to making private information about an individual available to a wide audience, often causing harm, and it is a component of privacy torts in the legal context.
15. What is intrusion and seclusion?
In privacy law, "intrusion" involves intentionally invading someone's privacy without consent, such as trespassing or eavesdropping. "Seclusion" is the right to be private and away from others' intrusion.
16. What is knowing or reckless falsehood?
Knowing or reckless falsehood involves making a false statement with awareness of its falsity or reckless disregard for the truth. This can mislead or induce belief in the false statement's accuracy, as seen in cases like United States v. Evans.
17. What is surreptitious surveillance?
Surreptitious surveillance refers to the secretive or covert monitoring of individuals or places without their knowledge or consent. It involves using hidden cameras, wiretaps, or other surveillance techniques to observe and record activities, conversations, or behavior discreetly.
18. Give a brief description and definition of the Privacy Torts.
a)
Intrusion upon Seclusion- Involves intentional and offensive intrusions into someone's private affairs.
b)
Appropriation of Name or Likeness- Unauthorized use of an individual's identity for commercial purposes.
c)
Public Disclosure of Private Facts- Involves the public disclosure of private, non-
newsworthy information causing harm.
d)
False Light- Relates to publishing false, offensive information about an individual
that harms their reputation.
19. What similarities and/or differences you can see between the Privacy and Defamation torts?
Privacy and defamation torts both involve harm caused by false information, but they differ in the nature of the falsehood, intent, elements, and defenses. Defamation pertains to false statements that harm reputation, while privacy torts encompass actions related to privacy intrusion.
20. The reading mentions that states can interpret the right to privacy differently. Does Florida have a right to privacy clause or statement? If so, what does is say?
Florida has a right to privacy clause in Article 1, Section 23 of its Constitution. This clause affirms that every natural person in Florida has the right to be free from government intrusion
into their private life, except as permitted by law. Importantly, this right to privacy doesn't restrict the public's access to records and meetings as allowed by the law.
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