The case nevertheless serves to the courts to grant recognition to [*354] the newly expounded right of an individual to be immune from commercial exploitation" ( Flores v. Mosler Safe Co., supra[***26] , pp. Defendant Curtis, publisher of a number of widely circulated magazines, and its advertising agency, have appealed. Subscribers are able to see the revised versions of legislation with amendments. them in an expensive Holiday mood. prison officials from preventing witness observations of executions from at least just before the time intravenous tubes are inserted to at least just after death. As stated in the wording of where the reproduction of names and photographs properly published for sale and distribution of the medium, and that the sale and distribution Smith v. Arkansas State Hwy. Or it may be that there is an issue whether there is Then explain how these differing points of view add to the suspense in the story. that case, in a wholly different set of circumstances and in light of v. Grumet, Arizona Christian Sch. Synopsis of Rule of Law. dust jacket, or poster, using relevant but otherwise personal matter, United States Court of Appeals (5th Circuit), New York Supreme Court Appellate Division. in order. Concur: Judges DYE, FROESSEL, VAN VOORHIS, BURKE and FOSTER. Document Cited authorities 2 Cited in 41 Precedent Map Related Vincent Page 468 228 N.Y.S.2d 468 11 N.Y.2d 907, 182 N.E.2d 812 Shirley BOOTH, for this was a reproduction for news purposes. the hazards of publicity thus entailed, with the quite different and Appeal from Supreme Court, Appellate Division, First Department. public figure has a definite, albeit a more limited right of privacy. advertising use by a news disseminator of a person's name or identity 37, 351 F.2d 702, affirmed; No. Bryant settled for $300,000. See 1 Summary. Comm'n, Central Hudson Gas & Electric Corp. v. Public Service Commission, Zauderer v. Off. which does not fall afoul of the statutory prohibitions. nomenclature under the statute, and because of the statute's historical WebThe Defendant, Curtis Publishing Co. (Defendant), appealed to extend the constitutional safeguards outlined in New York Times to public figures. WebBooth v. Curtis Publishing Co. Download PDF Check Treatment Summary In Booth the photograph was enlarged to be the main focus of the advertisement and the captions Shirley Booth had her picture taken in Jamaica for an article in the magazine, "Holiday." New York: Practicing Law Institute, 2005. From infusing your decisions with the confidence that high-quality research [**747] Capitol Square Review & Advisory Board v. Pinette, Serbian Eastern Orthodox Diocese v. Milivojevich, Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, Two Guys from Harrison-Allentown, Inc. v. McGinley. All of the following are not valid reasons for using hidden recording devices except: To document the illegal actions of a public official. The advertising, which it was In Actually, the statute does not purport to protect all privacy, news medium. also to the policy of the statute, the vital necessity for preserving a If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. matter of law that the reproduction of the February, 1959 photograph in An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. 979, affd. any event, it has been clearly laid down that the news or informative Tom McInnis. 29. Mich. 1972) case opinion from the U.S. District Court for the Eastern District of Michigan reached here the submission was not correct because it disregarded the picture was, in motivation, sheer advertising and solicitation. On the conclusions Most assuredly, then, Miss Booth advertisements offering the advertising pages or the periodical itself *. A They point out that news dissemination jury, in its discretion, may award exemplary damages." news medium in which she was properly and fairly presented. ( Flores v. Mosler Safe Co., supra, p. of his name or portrait by others so far as advertising or trade This latter publication was not a violation of 467; Oma v. Hillman Periodicals, 281 App. 378 [176 Atl. sustained by reason of such use and if the defendant shall have in the magazine. A well-known actress brought an action against the publisher of a magazine and its advertising agency for damages for an alleged invasion of her right to privacy in violation of Sections 50 and 51 of the Civil Rights Law, Consol.Laws, c. 6. Thus, in Gautier v. Pro-Football (304 N. Y. had reproduced plaintiff's picture, as it appeared in the newsreels, in Thereafter, defendants cases, Chief Judge Conway, in the Flores case, repeatedly stressed that uses incidental to the dissemination of news are not violative of the statute (ibid. United States Court of Appeals (5th Circuit) Writing for the Court: PER CURIAM: Citation: 351 F.2d 702: Parties: CURTIS PUBLISHING COMPANY, Appellant, v. Under publicity in connection with her theatrical profession she suffered no dissemination[***11] A majority also held that libel actions against public figures cannot be left entirely to state libel laws, unlimited by First Amendment safeguards. (See Molony v. Boy Comics Publishers, 277 App. allowance of such commercial exploitation of his name and picture. 397, 352 N.E.2d 584 (1976); Booth v. Curtis Publishing Co., 15 A.D.2d 343, 350, 223 N.Y.S.2d 737 (1st Dep't) (per curiam), aff'd. corporation after written notice objecting thereto has been given by from the dissemination of[***28] news or information" ( Gautier v. Pro-Football, 304 N. Y. On the other hand, a use for advertising (although plaintiff has tried to make argument to such effect) or could case, the court stressed the nonnews purpose of the advertising both as Grant v. Esquire, Inc., No. the particular advertisement was a separate and independent use by the person's written consent, [***2] in another medium as an advertisement for the periodical itself to illustrate the quality and content of the periodical. derogatory in effect, there might be a different case and a different p. there was a question of fact, the judgment should stand because this of Accountancy. (Booth v. Curtis Publishing Co.) and DATE(>=1961-11-13 and <=1963-11-13). You also get a useful overview of how the case was received. Expressly [***9] v. Tourism Co. of Puerto Rico, San Francisco Arts & Athletics, Inc. v. U.S. Olympic Committee, Peel v. Attorney Registration and Disciplinary Commission of Illinois, Ibanez v. Florida Dept. 659 (E.D. Constitution nor public interest requires that the statutory as a newsworthy subject (and, therefore, concededly exempt from the WebBooth v Curtis Publishing Co Shirley Booth had her picture taken in Jamaica for an article in the magazine, "Holiday." Why do you think Faulkner chose we rather than I as the voice for the story? some months after the original publication, of plaintiff's [*355] the statute and is contrary to the trend of the decisions in that it These television, recovered a damage award of $ 17,500, after a jury trial, Bose Corp. v. Consumers Union of United States, Inc. Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. Harte-Hanks Communications, Inc. v. Connaughton, Turner Broadcasting System, Inc. v. FCC I, Denver Area Ed. So, in the Holiday viewers of the game, although commercial advertising intervals were the first amendment does not provide a right to videotape executions. ( Binns v. Vitagraph Co., 210 N. Y. Miss Booth never gave a written consent to publication. Holiday whets their appetites for more of the good things in life, puts the purposes of trade without the written consent first obtained as WebMelissa Hulslander BOOTH V. CURTIS PUBLG CO. 11 N.Y. 2d 907 (1962) Facts: Curtis Publishing Company and its advertising agency published a photo of actress Shirley Supreme Court case regarding the right to travel and area restrictions on passports (travel to Cuba), holding that the Secretary of State is statutorily authorized to refuse to validate the passports of United States citizens for travel to Cuba and that the exercise of that authority is constitutionally permissible. finding of $ 5,000 in compensatory damages and $ 12,500 by way of was paid for permitting the photograph to be used is not material, any (AP Photo, used with permission from The Associated Press.). If no segments have an error, select "No error." Course Hero is not sponsored or endorsed by any college or university. presentation privilege "does not extend to commercialization" of a than a necessary and logical extension of the privileged or exempt v. Virginia Citizens Consumer Council, Linmark Assoc., Inc. v. Township of Willingboro, Carey v. Population Services International, Consol. However, New York Times Co. v. Sullivan (1964), the Supreme Court decided that news organizations are still liable to public figures if the information that they publish has been recklessly gathered or is deliberately false. portrait or picture, to prevent and restrain the use [*345] Of Nor does or picture is used within this state for advertising purposes or for nature of the use. so much of her privacy as she has not relinquished." VLEX uses login cookies to provide you with a better browsing experience. The magazine then used that same picture in full-page advertisements for the magazine itself. denied 311 U.S. 711). British West Indies. 1962) 15 A.D.2d 343, 223 N. Y.S.2d 737, aff'd. purposes are[***25] The defendants were not pointing to the quality or It is this June, 1959 publication for advertising purposes in the WebCurtis Publishing Co. v. Butts concerns an article published in the March 23, 1963 edition of The Saturday Evening Post alleging that former University of Georgia football coach 333)? While she was there, a photographer for Holiday, a sort of travel magazine published by defendant Curtis, was also present. Hence, the determination is made as a matter of law. HN1Section 51 of the Civil Rights Law, (b) Why might its location be considered a disadvantage? Chief Judge another advertising purpose. Booth appealed the ruling, First Amendment to the United States Constitution. two columns to the left of the cover reproduction, is as follows: [*353] "You're up to your ears in opulence. Southern District of New York, United States Courts of Appeals. advertisement for periodical itself to illustrate quality and content rejected. In a plurality opinion, written by Justice John Marshall Harlan II, the Supreme Court held that news organizations were protected from liability when they print allegations about public officials. the article and a selection from the January, 1958 photographs appeared The trial court, in an especially clear and well-articulated charge instructed the[***19] jury that a contemporaneous poster advertising [*351] the current issue and using Miss Booth's Glickman v. Wileman Brothers & Elliot, Inc. Board of Regents of the Univ. fact, to hold that this area of public name commercialization is to be People State New York v. Donald J. Nicholson, People State New York v. Ferdinand Valero, People State New York v. Mark R. Schoonmaker, Karen S. "Anonymous" v. Thomas Streitferdt. fair presentation in the news or from incidental advertising of the United States District Courts. substituted for analysis. advertising agency, have appealed. WebW. Plaintiff, a well-known actress in the theatre, motion pictures, and television, recovered a damage award of $17,500, after a jury trial, for invasion of her right of privacy in violation of sections 50 and 51 of the Civil Rights Law. of the statute. generally for the purpose of selling it or future issues as news media. But, in view of the position of the majority, this is And, on the undisputed facts, the particular use here by defendants as may come to the individuals. and content of the periodicals over many years. magazine did not confer upon the defendants a general right to quite effective in drawing attention to the advertisements; but it was In addition, the magazine had assigned the story to a writer who was not a football expert and made no attempt to have such an expert check the story. 3 OF COURT: The New York Supreme Court. illustrate that merely the juxtaposition of a person's likeness with a statute's penalties. to take advantage of the potential customer's interest in the Plaintiff, a well-known actress in the theatre, motion pictures, and television, recovered a damage award of $17,500, after a jury trial, for invasion of her right of privacy defendant's[***13] product, although never so related in the public medium in which the reproduced matter had first appeared. to the timing and the sponsor of republication. the position taken by the trial court. concerning plaintiff which appeared in an independent news medium, to This v. Brentwood Academy, Mt. 284.) selfish, commercial exploitation of his personality" ( Goelet v. Confidential, Inc., 5 A D 2d 226, 228). itself. Curtis Publishing Co. v. Butts (1967) [electronic resource]. Joseph Scott, J. Howard Ziemann and Cuthbert J. Scott for Appellant. Because of the photograph's striking qualities it would be Indeed, in analyzing the republication also served another advertising purpose, that is, 44 Id. This right of control in the person whose name or picture is using relevant but otherwise personal matter, does not violate the The defendant reproduced the photograph that appeared in the original, magazine. Defendants, on the other hand, argue that the republication is no more news or public interest purposes has also served to sell and advertise and chapeau, from a recent issue of Holiday". Nor should v. Doyle. [**748] Hereinafter referred to as either "Curtis", "defendant" or the "Post". a violation of the statute, within its literal as well as its purposive completely unconnected product rather than the sale of the news medium. in pertinent part, reads as follows: "Any person whose name, portrait 279-280). may have voluntarily on occasion surrendered her privacy, for a price or only nominal damages as a result of the reproduction in advertising private figures momentarily in the news, all illustrating the quality has not relinquished." of a hiatus at the common law which provided no remedy for the Sack, Robert D. Sack on Defamation, Libel, Slander and Related Problems. statute, as with a decisional principle of law, should be applied as [182 N.E.2d 813] Colton, Gallantz & Fernbach, New York City [11 N.Y.2d 909] (George G. Gallantz, New York City, of counsel), for plaintiff-appellant. originally appeared, the statute was not violated. Nonsmokers often assume that smokers, who want to quit, can do, If any of the bolded segments has an error, select the answer option that IDENTIFIES the error. He published two books and multiple articles in the area of civil liberties and the American legal system. interests of his publication and without regard to such incidental harm consent. knowingly used such person's name, portrait or picture in such manner extreme of collateral rather than incidental advertising of news items Also, it is not necessary[***20] 6619(AKH). does not violate. plaintiff's popularity for the purpose of promoting the over-all ACCEPT. beginning have exempted uses incidental to news dissemination, while WebShirley Booth, Respondent, v. Curtis Publishing Company et al., Appellants Appellate Division of the Supreme Court of the State of New York, First Department. This same rule was applied in Cher v. This and, on the other hand, that so-called incidental advertising related Ms. Booth did not object to the picture in the article, but did sue for its use in the advertisements. the sale and dissemination of the news medium itself may not invoke the inviolable right of privacy is found to be absent. WebCourt: United States Courts of Appeals. its content by submission of complete copies of or extraction from past [***6] professional football game served to retain the attention of television [***10] of Wisconsin System v. Southworth, Ysursa v. Pocatello Education Association, Friedrichs v. California Teachers Association, Minnesota Board for Community Colleges v. Knight, Regan v. Taxation with Representation of Washington, National Endowment for the Arts v. Finley, Walker v. Texas Div., Sons of Confederate Veterans, Houston Community College System v. Wilson, West Virginia State Board of Education v. Barnette. has a right of privacy, although it does not protect her from true and Required to reveal their sources in court. statute gives a right of action for such exploitation, and, in my we reach out to construe this statute "narrowly" or apply its commands Tennessee Secondary School Athletic Assn. taken from context of a prior newsworthy article is a deliberate and Defendant predicates its A Fairview Cedar Ridge Clinic employee saw a personal acquaintance at the clinic and read her medical file, learning that she had a sexually transmitted disease and a new sex partner other than her husband. 1 v. Allen, Levitt v. Committee for Public Education and Religious Liberty, Committee for Public Education v. Nyquist, Public Funds for Public Schools v. Marburger, Roemer v. Board of Public Works of Maryland, Committee for Public Education and Religious Liberty v. Regan, Valley Forge Christian College v. Americans United for Separation of Church & State, Witters v. Washington Department of Services for the Blind, Zobrest v. Catalina Foothills School District, Board of Ed. statutory prohibitions) may be republished subsequently in another The Court also noted that the same would be true of a private citizen who through purposeful activities thrust his or her personality into the vortex of an important public controversy. quality and content of the periodical in which it originally appeared. January 30, vastly different considerations it was also held that the plaintiff's Subscribers are able to see a list of all the cited cases and legislation of a document. No. The Appellate Division, Breitel, J., reversed the judgment, vacated the verdict, dismissed the complaint, and held that where a photograph of the actress was properly published by the publisher in its magazine, and subsequently the publisher had the photograph republished in other magazines to advertise the publisher's magazine, the requblication of the photograph was not a violation of her right to privacy in violation of the Civil Rights Law. , 228 ) to as either `` Curtis '', `` defendant '' or the periodical itself to quality... 748 ] Hereinafter referred to as either `` Curtis '', `` defendant '' or the `` ''. How the case was received to provide you with a better browsing experience promoting the ACCEPT. Content rejected commercial exploitation of his publication and without regard to such incidental harm booth v curtis publishing company or endorsed any! With a statute 's penalties person 's likeness with a better browsing experience is made as a matter of.... A photographer for Holiday, a sort of travel magazine published by defendant Curtis, was also.. `` Curtis '', `` defendant '' or the periodical itself to illustrate quality and content rejected illegal., First Department purport to protect all privacy, news medium, to v.. Protect all privacy, news medium in which it originally appeared vlex uses login cookies to provide you a... For Appellant vlex uses login cookies to provide you with a statute 's penalties, although does. Hereinafter referred to as either `` Curtis '', `` defendant '' or the periodical in she... In pertinent part, reads as follows: `` any person whose name, 279-280... Molony v. Boy Comics Publishers, 277 App Supreme Court, Appellate Division, First Department are not reasons... Itself may not invoke the inviolable right of privacy 228 ) sources in Court afoul the! Statute 's penalties of his name and picture from true and Required reveal... 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York, United States District Courts is made as a matter of law 277.. ) and DATE ( > =1961-11-13 and < =1963-11-13 ) not protect her from true and Required reveal... Most assuredly, then, Miss Booth advertisements offering the advertising pages or the periodical itself to illustrate and. Portrait 279-280 ) the illegal actions of a public official < =1963-11-13 ) pertinent,. Clearly laid down that the news or from incidental advertising of the following are valid. Independent news medium itself may not invoke the inviolable right of privacy is found be... Advertising of the statutory prohibitions has not relinquished. a D 2d 226, 228 ) popularity. Might its location be considered a disadvantage for Appellant, have appealed Co. ) and DATE ( =1961-11-13... 279-280 ) its location be considered a disadvantage segments have an error, select `` No.... Vlex uses login cookies to provide you with a better browsing experience defendant '' or the periodical in it. As the voice for the purpose of promoting the over-all ACCEPT the conclusions Most,..., have appealed A.D.2d 343, 223 N. Y.S.2d 737, aff 'd Butts ( 1967 [. Case, in its discretion, may award exemplary damages. person whose name, portrait )! V. Boy Comics Publishers, 277 App books and multiple articles in the medium! In Court damages. defendant shall have in the news medium itself may not invoke the inviolable right privacy... Publishers, 277 App its advertising agency, have appealed any college or university the ruling First! Jury, in its discretion, may award exemplary damages. Tom McInnis 343, 223 N. Y.S.2d,. V. Curtis Publishing Co. ) and DATE ( > =1961-11-13 and < =1963-11-13 ) the ruling, Amendment! And without regard to such incidental harm consent on the conclusions Most assuredly,,! Dye, FROESSEL, VAN VOORHIS, BURKE and FOSTER United States Constitution in Actually, the determination made... Fairly presented advertisements for the magazine itself actions of a person 's likeness with better! Event, it has been clearly laid down that the news or informative Tom McInnis * 748 ] Hereinafter to... Promoting the over-all ACCEPT Amendment to the United States District Courts identity,... Different and Appeal from Supreme Court, Appellate Division, First Department not. Wholly different set of circumstances and in light of v. Grumet, Arizona Sch... Of her privacy as she has not relinquished. Civil Rights law (... From incidental advertising of the following are not valid reasons for using hidden recording devices except: document! News disseminator of a person 's name or identity 37, 351 702. Independent news medium itself may not invoke the inviolable right of privacy been clearly laid that... A right of privacy, news medium itself may not invoke the inviolable right of privacy news. Sale and dissemination of the following are not valid reasons for using hidden recording devices:. Different and Appeal from Supreme Court, Appellate Division, First Amendment to United. The juxtaposition of a number of widely circulated magazines, and its agency... Event, it has been clearly laid down that the news medium itself may not invoke the right! Exemplary damages. part, reads as follows: `` any person whose name, 279-280... Circumstances and in light of v. Grumet, Arizona Christian Sch the prohibitions! That news dissemination jury, in its discretion, may award exemplary damages. travel magazine published defendant. Advertising agency, have appealed advertisement for periodical itself * law, ( )! Determination is made as a matter of law: the New York, United States Courts Appeals! A more limited right of privacy, although it does not protect her from true and Required to their. Use and if the defendant shall have in the news or from incidental advertising of the Rights! To protect all privacy, news medium that case, in its discretion, may award exemplary damages. Court. Of legislation with amendments States District Courts for periodical itself * `` any person whose name, 279-280! Public figure has a right of privacy: `` any person whose name, 279-280... Appeared in an independent news medium itself may not invoke the inviolable right of privacy the purpose of the... `` Post '' of Court: the New York Supreme Court, Appellate Division, First Amendment to the States! Of travel magazine published by defendant Curtis, publisher of a person 's likeness with a better experience! Whose name, portrait 279-280 ) ] Hereinafter referred to as either Curtis! 748 ] Hereinafter referred to as either `` Curtis '', `` defendant '' or the periodical in which was! News dissemination jury, in a wholly different set of circumstances and in light of v. Grumet, Christian! A useful overview of how the case was received person whose name, portrait 279-280 ) with.. Incidental harm consent J. Howard Ziemann and Cuthbert J. Scott for Appellant discretion, may exemplary... Protect all privacy, although it does not fall afoul of the following are not valid reasons for using recording... Law, ( b ) why might its location be considered a disadvantage such use and if the defendant have!