NCJ Number
150750
Journal
New England Law Review Volume: 27 Issue: 3 Dated: (Spring 1993) Pages: 883- 913
Date Published
1993
Length
31 pages
Annotation
This note discusses the statutory and common law methods used by individuals and States to limit the press' right to publish truthful information about a private individual, specifically a rape victim.
Abstract
The note analyzes the reasoning of the U.S. Supreme Court in holding media rights above individual rights in the Cox Broadcasting and Florida Star decisions. The author then discusses the test derived from the Court decisions. Each element of the Court's tests is discussed in the context of a balancing between the respective interests of the media, the State, and the individual. Attention is given to whether the Court, in its previous decisions, accorded too much weight to the side of the press. Concluding that the Court fails to strike an appropriate balance between the privacy rights of rape victims and the media's right to reveal private information, an alternative method of weighing the respective interests is recommended. If there is a reason that a victim's identity should be considered "significant" for the public, that reason should be debated in the courtroom. Only when the victim's identity is found to be newsworthy should "public significance" become a defense to a public disclosure claim. 250 footnotes