Under the theory of publication of private facts, Hogan, whose real name is Terry Bollea, alleges Gawker’s release of the video clip without his consent disclosed highly offensive private facts about himself. However, Gawker insists the video was newsworthy - a bar to private-fact claims under the First Amendment. Thus, the question underlying the private-facts claim is whether Hogan’s sex tape is of a “legitimate public concern.” If the court concludes the publication of the video was newsworthy, the publication of private facts claim against Gawker will be dismissed. Reporters should know that courts often assess newsworthiness differently than a journalist would in deciding whether to publish an article.
The standard to define newsworthiness and which party has the burden of proof varies state-by-state. In some states, plaintiffs bringing a publication of private facts claim must show the information disclosed was not newsworthy, but in other states, the defendant must raise newsworthiness as a defense. Some courts deem publishers to have a constitutional privilege to publish truthful information about newsworthy occurrences. Generally, courts have taken an expansive view of newsworthiness, giving deference to the news media in order to encourage speech. Some questions a court may ask in deciding newsworthiness:ĭoes the information relate to any matter of political, social, or other concern to the community? Group W Productions, Inc., the California Supreme Court wrote in 1998 that “liability for disclosure of private facts is limited ‘to the extreme case, thereby providing the breathing space needed by the press to properly exercise effective editorial judgment.’”Īlthough there is no streamlined test across the country to determine what is a legitimate public concern, various courts have opined on the subject and provided guidance for reporters. Supreme Court considered a claim of emotional distress stemming from protests at a military funeral.
#JUDICIAL CONSENT SEX SCENE PROFESSIONAL#.
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