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Privacy Cases

  • Barber v. Time (1942)

Barber v. Time (Mo. 1942) ruled that press freedom and individual privacy
are not absolute rights and must be balanced. Courts must consider the
“proper public interest.”

  • Cantrell v. Forest City Publishing Co. (1974)

Cantrell v. Forest City Publishing Co. (1974) ruled against a newspaper for
an article casting the plaintiff in false light, showing the limits of
First Amendment press freedom.

  • Cox Broadcasting Corp. v. Cohn (1975)

In Cox Broadcasting v. Cohn (1975), the Supreme Court said journalists had
a First Amendment right to release information found in public domain
records.

  • Department of Justice v. Reporters Committee For Freedom of the Press (1989)

DOJ v. Reporters Comm. for Free Press (1989) reiterated that the First
Amendment does not give the press special access to information not
available to the general public.

  • Department of the Air Force v. Rose (1976)

Department of Air Force v. Rose (1976) looked at privacy rights in
interpreting the FOIA to require disclosure of summaries of ethics hearings
at the Air Force Academy.

  • Dietemann v. Time (1971)

Dietemann v. Time (9th Cir. 1971) ruled that First Amendment freedom of the
press does not give reporters special license to violate individuals’
privacy.

  • Florida Star v. B.J.F. (1989)

In Florida Star v. B.J.F. (1989), the Supreme Court said the First
Amendment stopped a newspaper from being held liable for publishing a rape
victim’s name.

  • Griswold v. Connecticut (1965)

Griswold v. Connecticut (1965) elaborated the right to privacy by
invalidating a law that made it a crime to use birth control devices or to
advise about their use.

  • Snyder v. Phelps (2011)

Snyder v. Phelps (2011) ruled that the First Amendment prohibited the
pressing of civil charges upon a church who picketed the funeral of a slain
Marine.

  • Time, Inc. v. Hill(1967)

Time, Inc. v. Hill (1967) extended the actual malice standard to a false
light invasion of privacy to ensure the First Amendment freedom of the
press was not burdened.

  • Uphaus v. Wyman (1959, 1960)

The Supreme Court in 1959 and 1960 upheld the contempt conviction that led
to the jailing of Methodist pacifist minister Dr. Willard Uphaus for
refusing to reveal the speakers at a camp conference. In Uphaus v. Wyman,
the Court upheld New Hampshire’s contempt citation against challenges of
infringement on First Amendment freedoms of association and a right to
privacy.

ABOUT US

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The Free Speech Center is a nonpartisan, nonprofit public policy center dedicated to building understanding of the five freedoms of the First Amendment through education, information and engagement.

freespeechcenter@mtsu.edu

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