Privacy,the news media,and the courts

Abstract

This article is concerned with the conflict between the news media's position that the public has a ‘'right to know'’ under the free press provision of the First Amendment and the right to privacy under the tort law. The constitutional issue is raised whenever the media print or broadcast accurate, but often embarrassing, facts about a person, or whenever personal information is publicized which an individual prefers not to share with the general public.

In unwanted publicity and public disclosure cases, the courts have accorded greater weight to the defendant defenses of consent, news‐worthiness, and media privilege than to the plaintiff's invasion of privacy claim. To remedy this inequity, a two‐tier judicial model is proposed that would have courts balance the two competing interests in such a manner as to enhance individual privacy without diminishing the informational function of the news media.