Huh?! So only God is allowed to be a voice in your head? I think you’ve been sucking way too much whacky juice. Here’s the reality, you’re in public not private and it’s a one way transmission to you, that is not an invasion of privacy. If they were sucking stuff out of your head it would be an invasion of privacy.
Four types of invasion of privacy claims exist under common law:
o Unreasonable intrusion upon the seclusion of another. The following three elements must exist before a plaintiff can prevail on an unreasonable intrusion tort claim:
1. The intrusion, physically or otherwise, upon the solitude or seclusion of another must be intentional.
2. The intrusion must be into the private affairs or concerns of another.
3. The intrusion must be highly offensive to a reasonable person.
o Appropriation of another’s name or likeness.
o Unreasonable publicity given to another’s private life.
o Publication that unreasonably places another in a false light before the public.
Intrusion on Seclusion
A parallel might be made between a house, its occupants, and a person who invades the privacy of that household.
A couple might be relaxing in the house, then some salesman barges in through an open window unannounced and begins to give a sales pitch. The couple runs him out, then contacts the authorities.
The salesman might have had no desire to gain anything from the couple, other than to communicate his sales pitch, to make them aware of his product so that they might purchase it later from another. So the 4th Amendment might not apply as directly as torts on right to privacy claims.
The action was intentional, if for no other reason that the mechanics of coming through the window took more effort than other mechanisms to communicate the sales pitch. (wrt the ad, ultrasonics were used with explicit intention to counterfeit what might be perceived as a paranormal event.)
The intrusion was upon the private affairs of a person in that it intruded into the private domain of that person in order to communicate.
To the reasonable person, entrance to the house would have come by the front door with a courteous knock. Entering the house without permission isn’t defense or benign, but about as offensive as a home invasion. To the reasonable person, projecting an advertisement into the mind of a broadcast audience is about as offensive as possible. (I don’t know of anything less offensive in nature.)
Nowhere in the intrusion of seclusion is it required for something to be removed from the victim, other than their privacy.