ERIC Number: ED236626
Record Type: Non-Journal
Publication Date: 1983-May-30
Reference Count: N/A
Photographic Invasion of Privacy: An Old Concept with New Meaning.
Sherer, Michael D.
The individual's right to privacy has evolved into a concept that can affect photojournalists' newsgathering efforts in nearly every state in the nation. In addition to the many states that have recognized the right of privacy through common or statutory laws, the United States Supreme Court has dealt with the issue of an invasion of privacy by the press in four cases. In these cases, the court has attempted to balance public interest with individuals' right to privacy by adopting a malice standard limiting the application of the First Amendment. Generally, the court holds that people's privacy has not been invaded if (1) they are public figures or public participants, (2) they are in a public place or newsworthy situation, (3) photographing methods have not been clandestine or offensive, (4) direct or implied consent to photograph has been given, (5) the photographers have not been found to have acted with malice toward their subjects, (6) a logical connection exists between a newsworthy article and the accompanying photographs, and (7) the photographs have not been published. (MM)
Publication Type: Information Analyses; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: First Amendment