Will, Kate Win Snap Judgment
BANFIELD: Round one of the battle royale over topless photos of the future queen in England goes to Will and Kate, the Duke and Duchess of Cambridge -- official titles -- seen on the final leg of South Pacific holiday. It is light-years away from the legal fight over privacy versus paparazzi. Back in France, snap-happy France, a judge today slapped the magazine called "Closer" with a 2,000 euro -- under $3,000 American - fine, a fine for publishing the photos of Kate sunbathing partially nude in a private villa. And much more importantly it ordered that magazine to surrender the original photos to the royals, digital and all. Also barred the publication from showing those in print and online. And the bottom line is this: the royals do have privacy rights, just like the average Joe. Joining me to talk about them is defense attorney, law professor, Joey Jackson. Here's the deal. Privacy -- we all have an expectation of privacy.</s>JOEY JACKSON, CRIMINAL DEFENSE ATTORNEY: We do.</s>BANFIELD: Not just Will and Kate, not just of the people of France or Italy, we have an expectation and it's enshrined in our Constitution.</s>JACKSON: Absolutely. What happens is, it says this, there's that famous case that you made me read, right, the decision from 1967, I was having nightmares of law school but it's a reasonable expectation of privacy. We know the Constitution, it doesn't protect places, it protects people. Anywhere where you believe you have a reasonable expectation of privacy, even if it's in a public place, you do, which is a beautiful thing. Guess what? You're in a phone booth you're making a phone call, expectation of privacy but only as it relates to the call, don't try doing anything lewd in the phone booth --</s>BANFIELD: It's see-through.</s>JACKSON: It's see-through. It's not subject for that. Amazing.</s>BANFIELD: We all, in a bathroom in your home, in the place where you reasonably could expect to be private, you are legally protected. They can't record you, they can't photograph you. You have a case.</s>JACKSON: Yes. But you have to be careful because there are some instances in your home, but the window is exposed, right, and people can see in, be careful. If they peer in and take pictures, that's what blinds are for.</s>BANFIELD: Close your blinds, close your windows, keep your privacy, watch for the long lens.</s>JACKSON: You'll be protected.</s>BANFIELD: Thanks for letting us know that. It's not just for princes and the rest.</s>JACKSON: It's for us, too.</s>BANFIELD: Thank you. Thank you, everybody, for joining us. By the way, my friend Michael Holmes is sitting in on the next program. Stay tuned for NEWSROOM INTERNATIONAL.