Mephisto,
I am not a lawyer. All I can really give you is my general understanding from the training I had to take as a professional videographer (read, News Cameraman) back in the day, plus what I can find out on the net by reading various case decisions.
Basically, if it occured in the public view, it’s fair game. By example, if you were doing a story on Valentines Day and took footage of a couple walking hand in hand down the street, obviously quite taken with one another… and you show that tape… then when it turns out that while they are married, it’s not to each other, they don’t have a cause of action. Because they are in public view. Just so, pictures of some celebrity topless sunbathing on a public beach (or even one which can be seen from a publicly accessible place) is allowed.
If on the other hand you are in a place where a reasonable expectation of privacy exists, or on private property, or on Federal property… you may be in for the lawsuit of your life. Especially if you broadcast it, most especially if you resell, for profit, copies of the tape.
Lynch was at a party, but it wasn’t in public view, it was in a Military Barracks on Federal property. The person who took the pics, unless he got a model release form signed by her, probably doesn’t have the right to sell them. It’s the for profit thing. Because once you sell the pics that makes the taking of the pics a commercial activity, and you need both a permit from the Installation Commander (or Bureau of Natural Resources) and model releases from the people there. Consider that there may be other people in those photographs in the background. More specifically, Flynt probably doesn’t have the right to mass produce and resell them, because such photos would probably (almost certainly) be considered “intimate” and outside the public view.
By example… remember the infamous Pam Anderson / Tommy Lee honeymoon video that was sold without their permission? They sued, and they won. 1.4 million dollars. And they were arguably less protected because at least some of the action apparently took place in public view on the deck of some boat out on the water.
There would be a veritable stampede of lawyers heading towards Hustler if he ever publishes those pics. They’d demand a jury trial, and then we get to see bad old meanie porn purveyor Flynt go up against the young naive war veteran rape victim.
A jury would massacre him financially.
Flynt knows all this though, which is why he’s using the posession of the pics to give himself a public forum. By NOT releasing them he is both teasing the public (which, lets face it, gets off on this sort of thing in a weird way) and manipulating himself into a public position to criticize Bush while being “noble”.
CNBC producer 1: Larry Flynt wants to come on and criticize Bush.
CNBC producer 2: Like we have time for ole mumble lips.
now:
CNBC producer 1: Larry Flynt has nude pics of Lynch which he’s not going to release and wants to come on.
CNBC producer 2: HELL YEAH!
Regards,
-Bouncer-