Privacy Torts

Law to Fact

In this episode...
Professor Amy Gajda, the Class of 1937 Professor of Law at Tulane Law School explains the four privacy torts and shares discusses the likely impact of recent cases including Bollea v. Gawker (The Hulk Hogan Case).
Some key takeaways are...
The Privacy Rights are

1. Misappropriation - use of another's name or identity without permission.
2. Intrusion into seclusion - peering in on someone who is in seclusion.
3. Publication of private facts (the gossip tort) publishing of private information about another person that is highly offensive and not newsworthy.
4. False Light - which is similar to the tort of defamation and not accepted in all jurisdictions.

About our guest...
Amy Gajda is recognized internationally for her expertise in privacy, media law, torts, and the law of higher education; her scholarship explores the tensions between social regulation and First Amendment values.

Gajda’s first book, The Trials of Academe (Harvard 2009), examines public oversight of colleges and universities and its impact on academic freedom. Her later work draws on insights from her many years as an award-winning journalist and focuses on the shifting boundaries of press freedoms, particularly in light of the digital disruption of traditional media and rising public anxieties about the erosion of privacy. Her second book, The First Amendment Bubble: How Privacy and Paparazzi Threaten a Free Press (Harvard 2015), explores these boundaries in the context of judicial oversight of journalistic news judgment. Gajda is presently at work on a third book, The Secret History of the Right to Privacy, under contract with Viking and slated to be published in 2021. Her upcoming book, tentatively titled The Secret History of the Right To Privacy will be published by Viking Press.
In Fall 2019, the American Law Institute appointed her to serve as an Adviser for its new Restatement on Defamation and Privacy, a multi-year project that begins in 2020.
You can hear Professor Gajda's take on the Hulk Hogan case, and its fallout, by clicking here.
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