As attorneys for Defendant, argue his case below
Some classic Right to Privacy Cases: Griswold v. Connecticut (1965) Supreme Court first recognized the right to privacy Louis Brandeis’ famous (prior to becoming a Supreme Court Justice) co-authored article Harvard Law Review article called "The Right to Privacy," in which he advocated for the "right to be let alone." Expectation of Privacy Standard: The expectation of privacy test, originated from Katz v. United States is a key component of Fourth Amendment analysis. The Fourth Amendment protects people from warrantless searches of places or seizures of persons or objects, in which they have an subjective expectation of privacy that is deemed reasonable in public norms. The test determines whether an action by the government has violated an individual's reasonable expectation of privacy. The Reasonable Expectation of Privacy Test: In Katz, Jutsice Harlan created the Reasonable Expectation of Privacy Test in his concurring opinion. Although it was not formulated by the majority, this test has been the main takeaway of the case. Justice Harlan created a two-part test:
1. an individual has exhibited an actual (subjective) expectation of privacy 2. the expectation is one that society is prepared to recognize as reasonable
If both of these requirements have been met, and the government has taken an action which violates this "expectation," then the government's action has violated the individual's Fourth Amendment rights. Personal Autonomy Standard: U.S. Supreme Court: Historic Right of Privacy-Personal Autonomy Decisions
• Stanley v. Georgia, 394 U.S. 557 (1969) • Roe v. Wade, 410 U.S. 113 (1973) • Paris Adult Theatre I v. Slaton, 413 U.S. 49 (1973) • Whalen v. Roe, 429 U.S. 589 (1977) • Bowers v. Hardwick, 478 U.S. 186 (1986) • Planned Parenthood of Southeastern Pennsylvania v. Casey, 505 U.S. 833 (1992) • Lawrence v. Texas (2003)
False Light Standard: Cantrell v. Forest City Pub. Co. (1974), https://www.oyez.org/cases/1974/73-5520 publisher can be held liable for known falsehoods in new story Time Inc. v. Hill (1966) https://www.oyez.org/cases/1965/22 Is a publication, containing misrepresentations about the subject of its coverage, protected under the First Amendment's freedom of speech guarantees? Solano v. Playgirl, Inc. (2002) https://www.lexisnexis.com/community/casebrief/p/casebrief-solano-v- playgirl-inc in order to prove a false light claim, plaintiff must show that the defendant implied something false Some states recognize "false light" claims. A person can sue for false light when something highly offensive is implied to be true about them that is actually false.