Title: Extreme Departure Test as a New Rule for Balancing Surreptitious and Intrusive Newsgathering Practices with Competing Interests: The Use of Hidden Cameras vs. the Right to Be Let Alone
Abstract:Capital Cities/ABC, Inc., 194 F.3d 505 (4th Cir.1999) (holding that two reporters of ABC's "PrimeTime Live" breached their duty of loyalty and committed a trespass when they used hidden cameras and mi...Capital Cities/ABC, Inc., 194 F.3d 505 (4th Cir.1999) (holding that two reporters of ABC's "PrimeTime Live" breached their duty of loyalty and committed a trespass when they used hidden cameras and microphone to record unsanitary meat handling practices at a supermarket chain after obtaining their jobs with false resumes). 2003] 5Of course, each of the two distinct views of newsgathering activities, which are not necessarily in opposition, is based on solid and legitimate grounds.First Amendment scholars, lawyers, and critics have long argued about intrusive newsgathering activities with different perspectives and have come to different conclusions.' 6One cardinal rule that has emerged, however, is that neither right canRead More