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Torts Keyed to Franklin
Bartnicki v. Vopper
Citation:
532 U.S. 514, 121 S.Ct. 1752, 149 L.Ed.2d 787 (2001)Facts
A teachers union and the school board engaged in fiery collective-bargaining negotiations over almost two years. Two members of the union called to discuss the status of the negotiations, including the need for a dramatic response (possibly going to the homes of board members to “do some work”). The parties eventually accepted a non-binding arbitration proposal that was generally favorable to the teachers.
Reporter Vopper received from the head of a local taxpayers’ organization that opposed the union’s demands a tape of the conversation between the two union members that had been intercepted by an unknown person. Vopper broadcasted the conversation on the radio, causing another radio station to follow suit and local newspapers to publish its contents.
Bartnicki and Kane, the two union members involved, sued Vopper for repeatedly publishing their conversation, alleging that Vopper knew or had reason to know that the tape was recorded unlawfully. Bartnicki and Kane sought actual damages, statutory damages, punitive damages, and attorneys’ fees and costs.
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Topic Resources
Topic Outline
Defamation And Privacy TortsTopic Refresher Course
Defamation and Privacy Torts Essay Review