J385: Communication Law Home Page


Privacy & Gathering Information


"Newsmen have no constitutional right of access to the scenes of crime or disaster when the general public is excluded."

Branzburg v. Hayes, 408 U.S. 665, 684-85 (1972)

 


Intrusion

"One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability to the other for invasion of his privacy, if the intrusion would be highly offensive to a reasonable person."

Restatement (Second) Torts, @ 652B:


If access to a place or a conversation requires technological assistance, you are intruding into a place where an individual has a reasonable expectation of privacy.


Intrusion - Oregon

"One who intentionally intrudes, physically or otherwise, upon the solitude or seclusion of another or his private affairs or concerns, is subject to liability...for invasion of privacy, if the intrusion would be highly offensive to a reasonable person."

Highly offensive (relevant factors):

  • Unlawful trespass.
  • extent of the intrusion.
  • context, conduct and circumstances surrounding the intrusion.
  • motives of intruder.
  • plaintiff's expectation of privacy.

Magenis v. Fisher Broadcasting, 18 MLR 1229 (Or.CtAp. 1990).

McClain v. Boise Cascade Corp., 531 P2d 343 (Or. 1975).


Criminal Trespass

  • Reporters have no greater right than any other citizen to enter private property.


Audio Taping Recording

Public Meetings:

  • Unconcealed Recording Devices

Private Meetings:

  • All-party consent

Telephone:

  • Oregon: One-party consent
  • Washington: Two-party consent
  • Federal: One-party consent


Video Tape Recording

 

 

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