From Chapter 13 in the textbook, the Pittman handouts and PowerPoint slides, and class discussion, you should be prepared to answer questions in the following areas:

 

Chapter 13 - Intrusions on Privacy and Other Personal Rights

Introduction (561-62)

A Preliminary Look at Privacy (562-70)

Monitoring Communications and Personal Activities in the Workplace (570-82)

Collection of Personally Identifiable Information (582-600)

Content Control and the Regulation of Indecent Speech (601-11)

Defamation (612-18)

Intrusion on Publicity Rights (618-20)

 

Employment Privacy

Jeffrey Pittman

Introduction – The Right to Privacy

Privacy Rights under the Law 

 

  1. What basic protections are afforded individuals under a "right to privacy"?

    • How do federal and state constitutional provisions apply to privacy issues?

    • How was privacy under the Fourth Amendment analyzed in Rosario v. United States of America (Pittman handout)?

     

  2. How is the right to privacy approached under federal statutory law?

    • Regarding monitoring of communications, what protections are provided by the Electronic Communications Privacy Act (ECPA)?

      • What are the major exceptions to the restriction on intercepting electronic communications under the ECPA?

      • What issues were analyzed in Smyth v. The Pillsbury Company, textbook page 575 and  Fraser v. Nationwide, page 577

      • What issues were analyzed Bailey v. Bailey, Wal-Mart Stores v. Lee, and Fisher v. Mt. Olive Lutheran Church (Pittman handout)

    • Beyond the ECPA, what other areas of privacy are protected by federal statutory law?

     

  3. How do the federal and state governments regulate employee drug testing?

     

  4. Regarding genetic information, see Genetic Information Nondiscrimination Act
     

  5. Regarding personal date collection and the Internet, FTC rules, COPPA, and the EU Safe harbor principles, see TRUSTe as an example
     

  6. Regarding the First Amendment and speech, see pages 20-23 in the textbook.  Obscene material is unprotected by the First Amendment.  The Supreme Court has stated that, as judged by local community standards,  obscene material:

    • appeals to a prurient interest (an unhealthy lust for sex), and

    • depicts or describes sexual conduct in a patently offensive manner, and

    • lacks serious literary, political, scientific, or artistic value

    How do you analyze the results in Reno, page 602, Ashcroft, page 607, and American Library Association, page 611?
     

  7. How does the law of defamation mesh with the protections afforded under the First Amendment?

    • How was this relationship -free speech versus defamation- demonstrated in Falwell v. Flynt?

    • What jurisdictional questions arise in defamation lawsuits, especially where the alleged defamation occurred on the Web? 

     

    See exhibit 13.5, page 617, for defamation elements

     

    • Regarding the defense for statements about public figures or officials:

      • Public official - Those among the hierarchy of government employees who appear to have or appear to have substantial responsibility over the conduct of government affairs

      • Public figure - Individuals who have been clearly shown to have fame or notoriety in the community

       

    Note the protections afforded ISPs versus publishers

    • How does Blumenthal v. Drudge, page 614, illustrate the effect of CDA §230?

    • What is the role of editorial control over content under §230?  (Note the difference between providers of interactive computer services versus providers of information content.)

     

  8. How is privacy protected under Arkansas common law?

 

This site is maintained by Jeffrey Pittman.  Please direct comments to pittman@astate.edu.