ABSTRACT
Though never explicitly mentioned in the Constitution, the Supreme Court has found privacy in the “penumbra” of rights. Privacy rights protect a person’s physical being, personal space, information, and emotional security. Different federal and state statutes protect specific privacy interests. Four types of privacy rights are identified in court as causes of action: intrusion, publication of private facts, false light, and appropriation, including the right of publicity. Depending on the tort, plaintiffs will prove an action was highly offensive to a reasonable person and made public without consent. A reasonable expectation of privacy is often used to determine the extent of protection. In some cases, newsworthiness is a defense.
