TY  - GEN
N2  - This  Note  will  address  the  conflict  between  privacy  and  the  First Amendment in invasion of privacy claims such as the one that occurred in Foster. This  Note will also address   whether   an   artist   who surreptitiously  takes  photos  of  an  ordinary  person  in  a  place  in  which they  have  a  reasonable  expectation  to privacy  can  be  protected  by  the newsworthiness  and  free  speech  exception  of  the  New  York  Civil Rights  Law section  51.  Part  I  of  this  Note  explores  the  history  of  New York  Civil  Rights  Law section  51,  its  exceptions,  and  contrasts  it  with other states’ invasions of privacy statutes. Part II of this Note discusses the facts of Foster v. Svenson and its implications. Part III of this Note analyzes  how  the  tort  of  invasion  of  privacy  is  treated  in  Utah  and California,  states  with  robust  invasion  of  privacy  statutes  that  have progressively  increased  protection  for  their  citizens.  Part  IV  compares international  invasion  of  privacy  statutes,  specifically  in  France  and Australia,  to  that  of  New  York,  to  demonstrate  how  strong  statutory privacy rights are enacted while at the same time preserving free speech protections.  Part  V  proposes  a  solution  to  the  constraints  of  the  Civil Rights  Law section  51  posited  by  the  New  York  Supreme  Court, Appellate Division. Amending New York Civil Rights Law section 51’s newsworthiness  exemption  to  include  the  definition  of  newsworthiness and intrusion on seclusion from the Restatement Second of Torts as well as  allowing  for  judicial  discretion  to  weigh  the  value  in  the  matter  of public  interest  against  the  interest  in  protecting  privacy  will  prevent invasion  of  privacy  claims  like  that  of  the  plaintiffs’  in Foster  v. Svenson from   being   dismissed   before   trial   without   exceedingly abridging artists’ First Amendment rights.
AB  - This  Note  will  address  the  conflict  between  privacy  and  the  First Amendment in invasion of privacy claims such as the one that occurred in Foster. This  Note will also address   whether   an   artist   who surreptitiously  takes  photos  of  an  ordinary  person  in  a  place  in  which they  have  a  reasonable  expectation  to privacy  can  be  protected  by  the newsworthiness  and  free  speech  exception  of  the  New  York  Civil Rights  Law section  51.  Part  I  of  this  Note  explores  the  history  of  New York  Civil  Rights  Law section  51,  its  exceptions,  and  contrasts  it  with other states’ invasions of privacy statutes. Part II of this Note discusses the facts of Foster v. Svenson and its implications. Part III of this Note analyzes  how  the  tort  of  invasion  of  privacy  is  treated  in  Utah  and California,  states  with  robust  invasion  of  privacy  statutes  that  have progressively  increased  protection  for  their  citizens.  Part  IV  compares international  invasion  of  privacy  statutes,  specifically  in  France  and Australia,  to  that  of  New  York,  to  demonstrate  how  strong  statutory privacy rights are enacted while at the same time preserving free speech protections.  Part  V  proposes  a  solution  to  the  constraints  of  the  Civil Rights  Law section  51  posited  by  the  New  York  Supreme  Court, Appellate Division. Amending New York Civil Rights Law section 51’s newsworthiness  exemption  to  include  the  definition  of  newsworthiness and intrusion on seclusion from the Restatement Second of Torts as well as  allowing  for  judicial  discretion  to  weigh  the  value  in  the  matter  of public  interest  against  the  interest  in  protecting  privacy  will  prevent invasion  of  privacy  claims  like  that  of  the  plaintiffs’  in Foster  v. Svenson from   being   dismissed   before   trial   without   exceedingly abridging artists’ First Amendment rights.
T1  - In the Privacy of One's Own Home :Does New York State Law Prevent Invasions of Privacy in the Home
AU  - Kessler, Madeline A.
LA  - eng
ID  - 41986
KW  - Right to privacy
SN  - 0736-7694
TI  - In the Privacy of One's Own Home :Does New York State Law Prevent Invasions of Privacy in the Home
LK  - http://www.cardozoaelj.com/wp-content/uploads/2018/10/KESSLER_NOTE.pdf
UR  - http://www.cardozoaelj.com/wp-content/uploads/2018/10/KESSLER_NOTE.pdf
ER  -