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2024-06-26T21:59:08Z

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63.164.30.215 at 09:33, 20 February 2009

2009-02-20T09:33:04Z

← Older revision		Revision as of 09:33, 20 February 2009
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	These facts - that the disclosure came in judicial proceedings, which were open to the public - were critical to our analysis in Cox Broadcasting. The distinction between that case and this one is made obvious by the penultimate paragraph of Cox Broadcasting:		These facts - that the disclosure came in judicial proceedings, which were open to the public - were critical to our analysis in Cox Broadcasting. The distinction between that case and this one is made obvious by the penultimate paragraph of Cox Broadcasting:

	"We are reluctant to embark on a course that would make public records generally available to the media but would forbid their publication if offensive . . . . [T]he First and Fourteenth Amendments will not allow exposing the press to liability for truthfully publishing information released to the public in official court records. If there are privacy interests to be protected in judicial proceedings, the States must respond by means which avoid public documentation or other exposure of private information. . . . Once true information is disclosed in public court documents open to public inspection, the press cannot be sanctioned for publishing it." Cox Broadcasting, supra, at 496 (emphasis added).		"We are reluctant to embark on a course that would make public records generally available to the media but would forbid their publication if offensive . . . . [T]he First and Fourteenth Amendments will not allow exposing the press to liability for truthfully publishing information released to the public in official court records. If there are privacy interests to be protected in judicial proceedings, the States must respond by means which avoid public documentation or other exposure of private information. . . . Once true information is disclosed in public court documents open to public inspection, the press cannot be sanctioned for publishing it." Cox Broadcasting, supra, at 496 (emphasis added).

	Cox Broadcasting stands for the proposition that the State cannot make the press its first line of defense in withholding private information from the public - it cannot ask the press to secrete private facts that the State makes no effort to safeguard in the first place. In this case, however, the State has undertaken "means which avoid [but obviously, not altogether prevent] public documentation or other exposure of private information." No doubt this is why the Court frankly admits that "Cox Broadcasting . . . cannot fairly be read as controlling here." ...		Cox Broadcasting stands for the proposition that the State cannot make the press its first line of defense in withholding private information from the public - it cannot ask the press to secrete private facts that the State makes no effort to safeguard in the first place. In this case, however, the State has undertaken "means which avoid [but obviously, not altogether prevent] public documentation or other exposure of private information." No doubt this is why the Court frankly admits that "Cox Broadcasting . . . cannot fairly be read as controlling here." ...

63.164.30.215 at 09:31, 20 February 2009

2009-02-20T09:31:54Z

Show changes

63.164.30.215: New page: ==Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975)== ==Florida Star v. B. J. F., 491 U. S. 524 (1989)== ==Bartnicki v. Vopper, 532 U.S. 514 (2001)==

2009-02-20T08:49:02Z

New page: ==Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975)== ==Florida Star v. B. J. F., 491 U. S. 524 (1989)== ==Bartnicki v. Vopper, 532 U.S. 514 (2001)==

New page

==Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975)==
==Florida Star v. B. J. F., 491 U. S. 524 (1989)==
==Bartnicki v. Vopper, 532 U.S. 514 (2001)==

Privacy Torts and the First Amendment - Revision history

BerkmanSysop: UTurn to 1330560000

63.164.30.215 at 09:33, 20 February 2009

63.164.30.215 at 09:31, 20 February 2009

63.164.30.215: New page: ==Cox Broadcasting Corp. v. Cohn, 420 U.S. 469 (1975)== ==Florida Star v. B. J. F., 491 U. S. 524 (1989)== ==Bartnicki v. Vopper, 532 U.S. 514 (2001)==