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In the Privacy of One's Own Home : Does New York State Law Prevent Invasions of Privacy in the Home
2018
Details
Title
In the Privacy of One's Own Home : Does New York State Law Prevent Invasions of Privacy in the Home
Author
Kessler, Madeline A.
Item Type
Journal article
Description
27 pages
ISSN
0736-7694
Summary
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.
Supplement Note
Published in : Cardozo Arts & Entertainment Law, vol. 36, no. 2 (2018)
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Published
[New York City, New York] : Yeshiva University Benjamin N. Cardozo School of Law, 2018.
Language
English
Record Appears in
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