Lessons in the Right to Privacy

As Americans, we enjoy many rights, but the Constitution does not specifically mention a right to privacy. However, Supreme Court decisions over the years have established that the right to privacy is a basic human right, and some amendments in the Bill of Rights protect specific aspects of privacy. The 1st Amendment, for example, protects the privacy of beliefs (freedom of religion).

Defamation law recognizes differences between public and private figures. Unlike most people, who are considered private citizens, a politician or a celebrity is considered a public figure. So if your next-door neighbor is having an affair, publishing a story about it in the local paper would be a clear violation of his privacy. However, when a public figure does the same thing, the press can reasonably assert that such an event is newsworthy. Former Detroit Mayor Kwame Kilpatrick, for example, waged a prolonged legal battle claiming that hundreds of text messages detailing his illicit affair with a co-worker were private. He lost and ended up going to jail for perjury and other charges.

But sometimes a private citizen injects himself or herself on to the public stage, and by doing so, loses the defense of "right to privacy". If that neighbor of yours is having an affair with a 16-year-old, that information is no longer considered private. Thus the law attempts to balance the public's right to know vs. an individual's right to privacy. If the information is "newsworthy" -- that is, if people have a right or a need to know about something, then that will prevail over a person's claim to privacy.

When it comes to proving fault in a libel claim, the law also treats private and public individuals somewhat differently. Both private and public individuals must prove a publication is at fault, but private individuals only need to prove negligence on the part of the reporter/publication, while public figures must prove actual malice.

Here are some recent libel cases involving Elton John, David Beckham, Keira Knightly and Tom Cruise. As you know, defamation involves either slander through the spoken word or libel through the printed word. But what about social media? Is it only professional journalists who have to worry about these things? Read this article to learn more.

Creative Commons photo by Mike Licht

Tips for writing reviews

Think about what you would want to know about in a review. Depending on what you're reviewing, there will be different things, of course. But whether you're reviewing a film or a restaurant, the bottom line is that people want to know if it's worth their money. Or if you're reviewing a TV show or a book, they want to know if it's worth their time. It's your job to not only tell them yes or no, but to prove your point. Don't forget:  your overall opinion of what you are reviewing should be clear almost immediately.

Speaking of your readers, your review should have a specific target audience which actually makes it somewhat easier to write. In other words, are you directing this review to teens? Parents? (Yes I know I'm reading it, but I want to see that you can make some connections and references to a specific audience.)

You also want to inform your readers so they learn something new. And you should inform them in a way that is interesting and entertaining. The keys to doing that are using your own voice (don't write like a robot; write about your experience and your reaction) and paying attention to detail and word choice.

Show, not tell. In other words. Be DESCRIPTIVE, but not super wordy. Don't forget, this is still journalism, after all. Besides, no one wants to read a really long review. This assignment, more than any other, relies on your personal observation skills, so take very good notes so you will have lots to choose from when you describe and analyze different things in your review. In fact, if you're doing a restaurant review, you may want to snap a few photos of your food and the restaurant to help you better  remember and help you with your description.

Click here to read a brief article on film reviewing. Then read this article for more tips on how to write a great review.

Lastly, take a look at this restaurant review by Molly Abraham of The Detroit News. As you read, pay attention to word choice.  For example, look at the second paragraph. She doesn't just say she ate soup but a "deep bowl of fragrant beef broth" with all kinds of mouth-watering ingredients including "a swirl" of pasta that ultimately "transcends" the standard quo beef broth most of us are used to. (I actually got hungry reading this review.)

Avoid obvious words, like "good" or "delicious". You don't have to be a master chef to know what you're tasting. Was it crispy? Was it sweet? Etc.

Happy reviewing!


Creative Commons photo by ThrasherDave