University of South Carolina Libraries
GAMECOCK LXXIY, No. University of South Carolina Friday April 16, 1982 Chinnis Loset By JULIE JAMESON Staff Writer Sandra R. Chinnis lost her case against the Gamecock after her accusation of invasion of privacy and defamation for publishing and republishing a photograph of her participation in the "wet Tshirt" contest during USC 1980 spring break at "The Button " in Fort Lauderdale, Fla. TnHrto u Unll ? *? il- - vuubv umun 11. nan, me pi earning juugc iur me nun circuit court, ruled that4'if the original publication is not an invasion of privacy, then its republication, even with the addition of malice would not give rise to a cause of action for The fact that the photograph was a true description of events which occurred at "The Button" verifies the Gamecock's defense of the truth. invasion of privacy." Chinnis was not a USC student but was vacationing in Fort Lauderdale. After spring break, the Gamecock published a u: _ * - - t J - ? " - - - ijiiuiugrapiiiu ieaiure aepicung me activities of the break which included a photograph of Chinnis in her "scanty attire." Chinnis alleged that her privacy had been invaded because the Gamecock "photographed her without her consent and thereafter published the photograph in the Gamecock" Chinnis also cited that she informed the Gamecock that she would not give her consent to publish the photograph. Hall noted that upon her return from Fort Lauderdale, Chinnis entered a similar contest in a Columbia bar, Dunlin d 1c. The editors for student publications were an- i 1 nounced by the Student Board of Publications and 11M Communication Wednesday. ?|| Richard Myers was named editor-in-chief of the |.|9 Gamecock. Myers is a junior ^ journalism major who served as co-sports editor WWBBWWI-C:jp^f^ 'If during the spring of 1981. . Myers was selected over ?3'SSPi&'< AH|i five other applicants. Jef '-, Keeley was originally named j & to the position but was forced 11 j ? upun me ueaui 01 nis iamer. y Myers will take over the HBi position sometime next HHK '* week. Fletcher Johnson is currently the acting editor- flE in-chief. Johnson was named $||3Hfei:.V ifH to the position when Mark for breaking the bylaws of the Gamecock. Platte had offices the Gamecock over the past year ' Jackif Jameson is a sophomore English major. 5 Invasion Of Pr dees, on at least one subsequent occasion. Thereupon, the Game cock republished the same photograph. Chinnis said that she had been defamed and her reputation was damaged as the result of the two publications of her nude photograph without consent. The Gamecock defended that the picture was newsworthv and therefore rendering the printing of the privilege. The Gamecock also defended that the photographer "was acting in the score of his duty for USC and is thereby protected from suit by the doctrine of sovereign immunity." During the deposition, Chinnis admitted that the photograph was an accurate depiction of the events which took place at "The Button" when the photograph was taken. When Chinnis was questioned about any misleading meanings about the photograph, she replied "no." The fact that the photograph was a true description of events which occurred at "The Button" verified the Gamecock defense of truth, Hall said. Chinnis also consented that the "wet T-shirt" contest occurred in a public place. There was no cover charge or membership fee at "The Button." Hall found Chinnis to voluntarily consent to participate in "wet T-shirt" contest and was aware that she was exposing hprsplf in a nnhlio nlo/>? ? ?mmm M J/UM41V piOVK/. Because of the admissions made by Chinnis, her allegations of invasion of privacy and defamation did not render action by the court even though her complaint contained some allegations of malice, Hall said. Hall said that Chinnis had waived her rights to privacy. In August of 1981, the Gamecock offered a "nuisance value"of $700 but because the case was dismissed there will not be a settlement according to Betty J. Gambrell the Gamecock's representative. ^UR^pT^H^H m .^ISSBBXHB (Pfe:'-: rn IhB Wmm :MWmSBttmm ~ ^ffli 9&BKr jMjBB^#j3|^B I ;. -T . _ .'-Jr :'-^BBBE^^'^liiB^V.v^BK - ; _ .. . . .V . X.:V> . >* - 'j' } " lllsls HPIHBSHSS?^ ?s?5? ;' X;: . . ) Blount and Bill Patrizio enjoy the warm weather ivacy Lawsuit Jean H. Toal also represented the Gamecock. The four distinct circumstances of interference with one's : > *?vacy did not support Chinnis' allegations. There was no unwarranted appropriation or exploitation of her personality for trade of business purposes. The fact that 4U^ -U-i *_ ' ~ uie puuiugrapn was newswortny was a defense for the Gamecock. The photograph did not mislead the public or put Chinnis in a false light in the public eye, Hall said. Because "The Button" is a public club, the Gamecock did not "wrongfully intrude into Chinnis' private activities in such a manner as to outrage or cause mantal suffering, shame or humiliation to a person of ordinary sensibilities, Chinnis said that she has been defamed and her reputation was damaged as the result of the two publications of her nude photograph without consent. If? 11 :J " " ~ nun ?ctiu. Because Chinnis admitted that she willfully participated in the "wet T-shirt" contest in a public establishment, and admitted that the contest evoked great interest to make the event "newsworthy," Chinnis waived her rights to privacy, said Hall. The media's rights to republish "newsworthy" and public items was a subject of question. The couft denied recovery to Chinnis because the photograph "constituted legitimate news." Hall rendered, "I hereby conclude, as a matter of law. that pearing in a public place, cannot later rescind that waiver and sue on the republication of the same photograph." W M Bill I WM R.jBH ?i|si 19 mm H&?B Bp on the Horseshoe yesterday.