Spring Break
Spring break catastrophe
Know your constitutional rights
Alexander Baron
Issue date: 11/18/08 Section: OpEd Page
Meet Tessa Steckle, an upperclassman business major attending a Midwestern university. After a second semester midterm week full of sleepless nights fueled by energy drinks, iced coffees and a desire not to fail, she is ready for the spring break trip of a lifetime in Panama City.
Tessa quickly realizes that other than some sunny naps on the beach and bouts of unconsciousness starting after 6 a.m., she will have to catch up on sleep when she goes back home. Hey, it's spring break and she has always wanted to see if the MTV parties are as crazy as they look.
Near the end of the trip, she makes it to the biggest beach party she has seen. A few hours later, in an act fueled by an uninhibited atmosphere, insomnia and plenty of drinks, Miss Steckle lets the crowd get a good view of the shadow casters under her bikini top. Little did she know that a member of the crowd was a photographer from Maxim.
A few months later, her brother jokingly asks if it was her profile that he saw in the magazine. Shortly after, Tessa receives a letter stating that due to recent discoveries regarding her character, Big Money Inc. is revoking their job offer.
Tessa finds the issue her brother mentioned, and sees that her picture was published in an article titled "10 Reasons to Love Spring Break." She sues under invasion of privacy for intrusion as well as appropriation. How might the court rule?
It is important to first consider the origins of laws regarding privacy. In the late 1800s, two lawyers introduced the first official suggestion that laws protecting privacy should be created in America. Before this time, practically everyone, including the founding fathers, took privacy for granted due to the rural nature of the country and the technology of the time. The Constitution does not contain the word 'privacy.'
Since the lawyers made their suggestion, the Supreme Court has declared that privacy rights are inherent in the Bill of Rights. The First Amendment allows freedom of association, Third prevents the government's placement of soldiers in private homes, Fourth restricts unwarranted searches and the Fifth protects against self-incrimination.
Tessa quickly realizes that other than some sunny naps on the beach and bouts of unconsciousness starting after 6 a.m., she will have to catch up on sleep when she goes back home. Hey, it's spring break and she has always wanted to see if the MTV parties are as crazy as they look.
Near the end of the trip, she makes it to the biggest beach party she has seen. A few hours later, in an act fueled by an uninhibited atmosphere, insomnia and plenty of drinks, Miss Steckle lets the crowd get a good view of the shadow casters under her bikini top. Little did she know that a member of the crowd was a photographer from Maxim.
A few months later, her brother jokingly asks if it was her profile that he saw in the magazine. Shortly after, Tessa receives a letter stating that due to recent discoveries regarding her character, Big Money Inc. is revoking their job offer.
Tessa finds the issue her brother mentioned, and sees that her picture was published in an article titled "10 Reasons to Love Spring Break." She sues under invasion of privacy for intrusion as well as appropriation. How might the court rule?
It is important to first consider the origins of laws regarding privacy. In the late 1800s, two lawyers introduced the first official suggestion that laws protecting privacy should be created in America. Before this time, practically everyone, including the founding fathers, took privacy for granted due to the rural nature of the country and the technology of the time. The Constitution does not contain the word 'privacy.'
Since the lawyers made their suggestion, the Supreme Court has declared that privacy rights are inherent in the Bill of Rights. The First Amendment allows freedom of association, Third prevents the government's placement of soldiers in private homes, Fourth restricts unwarranted searches and the Fifth protects against self-incrimination.
Viewing Comments 1 - 2 of 2
JFD
posted 11/18/08 @ 2:16 AM EST
Catastrophe? Not really. Another company will hire her if she has good qualifications in addition to her "shadow casters." Folks just make too big a deal about these types of events. (Continued…)
Kari
posted 11/20/08 @ 9:17 PM EST
If I understand this correctly and her photo was used to illustrate a story that was NOT about her, then she certainly has a right to sue for libel. It's highly unethical to use her photo in that manner because it implies that she is the woman written about in the story. (Continued…)
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