Foster v. Svenson
New York Supreme Court, Appellate Division
2015 N.Y. Slip Op. 03068 (2015)
- Written by Miller Jozwiak, JD
Facts
Arne Svenson (defendant), a critically acclaimed photographer, used a long-distance camera lens to take photographs of the residents in the building across the street from him. By his own admission, Svenson did so surreptitiously, hiding in shadows. Svenson photographed multiple children whose identities could be ascertained, although he claimed to have tried to obscure the subjects’ identities. Svenson then published the photographs in multiple exhibitions. Svenson’s neighbors (plaintiffs) learned of the exhibitions and became upset that their children were featured in the photographs. The neighbors retained counsel and sent a letter to Svenson demanding that the photographs be taken down. Although Svenson complied, the photographs were then broadcast and published in print and electronic media. The neighbors sued Svenson for violating the New York Civil Rights Law by invasion of privacy. Svenson responded by moving to dismiss the complaint, arguing that the photographs were art protected by the First Amendment. The trial court agreed and dismissed the complaint. The neighbors appealed.
Rule of Law
Issue
Holding and Reasoning (Renwick, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.
