Outrageous invasions : celebrities' private lives, media, and the law

323 Pages·2010·1.354 MB·English

by  Robin D. Barnes

Outrageous Invasions
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Outrageous Invasions
Celebrities’ Private Lives, Media,
and the Law
robin d. barnes
1
1

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Library of Congress Cataloging-in-Publication Data
Barnes, Robin D.
Outrageous invasions : celebrities’ private lives, media, and the law / Robin D. Barnes.
p. cm.
Includes bibliographical references and index.
ISBN 978-0-19-539276-0 ((hardback) : alk. paper)
1. Freedom of the press—United States. 2. Freedom of the press—Europe. 3. Privacy, Right of—United
States. 4. Privacy, Right of—Europe. 5. Celebrities—Legal status, laws, etc.—United States.
6. Celebrities—Legal status, laws, etc.—Europe. I. Title.
K3255.B37 2010
342.08’58—dc22 2009044855
____________________________________________
1 2 3 4 5 6 7 8 9
Printed in the United States of America on acid-free paper
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Contents
Acknowledgments xiii
Introduction xv
chapter 1 Case of Von Hannover v. Germany 1
Th e Royal House of Monaco 1
P hotographed in France/Published In Germany 3
S tipulated Facts 4
M otion to Enjoin Publication 5
Coverage of the Verdict by U.S. Journalists 7
Long-Term Impact of the European Court of
Human Rights Decision 9
chapter 2 Celebrities of the World Unauthorized 19
Glamour, Glitz, and Stardom 19
Th e Price of Fame? 20
Stalkerazzi Undeterred 25
Abuse of the Telephoto Lens 27
Lies, Malice, and Forethought 28
Defending Privacy against Demands
for Disclosure 3 1
American Social Dysfunction 3 2
Shameless Self-Promotion 35
Th e Impact of Daytime Talk Shows 36
E motion, Confl ict, and Revenge 3 9
Exploring the Mob Mentality 41
vii
viii contents
Th e Internet Fury Machine 43
Th e Devolving American Psyche 44
Celebrity Gurus and Backlash Scandals 47
Freedom of the Press in Democratic Societies 49
chapter 3 Public Media 51
H istorical Backdrop 5 2
Th e Power of Persuasion against the Fortress
of Belief 56
Credibility and Access to Public Debate 57
Truth v. Dead Dogma 58
Freedom of Association in the United States 60
Th e Pentagon Papers 64
Freedom of Information Act 66
Editorial Discretion, Confi dential Sources, and
Fair Reporting 67
Fair Public Trials 68
Balancing the Public’s Right to Know 68
Th e Decline of Investigative Journalism Meets a
Change in Journalistic Standards 71
chapter 4 F undamental Nature of Privacy 7 5
Historical Foundations in the United States 75
Rules of Deference and Demeanor 77
Self-Actualization and Renewal 79
A Case in Point: Who is Caroline of Monaco? 81
Free Development of Personality 82
Equal Protection under the Law 85
Individual Autonomy 86
Apathy and Diversions Regarding Participatory
Democracy 89
Th e Cost of Diminished Privacy 90
Stemming the Tide of Exposure 93
Constitutive Freedom 94
contents ix
chapter 5 Th e Emergence of Infotainment 97
“It’s Th e Format, Stupid” 101
Late Nite’s Targets 102
Th e Actor and His Cause 104
Celebrity Commodifi cation: An Invitation
or Violation? 106
Infotainment’s Rising Death Toll 107
When Satire Goes Too Far 109
Th e Cartoons that Traveled the Globe 113
Th e Apology that Wasn’t 116
Who Are You Going to Believe? Me or Your
Lying Eyes? 1 21
Examining the Value of Satire 123
chapter 6 Public Figures or Public Property 125
Extension and Amplifi cation of the Publisher
Malice Standard 127
Public Figures Profi led 137
Classifi cation of Celebrity Citizens 140
Public Access to Private Information 143
Where is Suri Cruise? 143
Nadya Suleman’s Story in Context 146
Venom and Hyperbole Around Tiger Woods 153
European Respect for Private Life 156
chapter 7 U.S. Courts’ Normative View of Media
Invasion 159
D ignitary Protections under U.S. Law 1 61
Publisher Immunity Run Amok 169
Fair Use in the Realm of Public Debate 171
Constructive Invitation to Intrude and
Frivolous Suits 173
Rationale for De Novo Review 175
Opinion, Public Records, and Rights of the
Accused and Suspected 177