Question

Phyllis Photo is a photographer for Snoop magazine. One day she is walking through a large sporting goods store, looking for camping equipment. Phyllis sees a door marked PrivateEmployees Only. Phyllis glances around to be sure no one is watching, opens the door marked Private, and quickly takes a picture of a person sitting at a desk. The person is reading a copy of Snoop. Phyllis then quickly leaves the store. Snoop prints the picture in its next issue in an ad for the magazine itself. Under the picture in the ad are the words, Everyone, everywhere, anytime reads Snoop. Subscribe today! The person in the picture, Ms. Smith, wants to sue for intrusion. Discuss the important elements of intrusion that Ms. Smith would have to prove and discuss any appropriate defenses. Explain why you think Ms. Smith or Snoop would win.

Answer

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