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Torts • Invasion of Privacy
TORT#102
Legal Definition
Where the press publishes truthful information that it lawfully obtained, courts may impose civil or criminal punishment (if at all) only when narrowly tailored to achieve a compelling government purpose.
Plain English Explanation
The First Amendment generally allows the press (and all citizens) to publish and share truthful information without any fear. There are some exceptions, though.
The first is that they must get the information legally. This means that reporters aren't allowed to break into someone's house and hack into their computer to steal their emails. However, if someone else does all of that and forwards those emails to a journalist, then the journalist is free to report on them.
The second exception is when the government has a "compelling purpose" to prevent information from being shared, then it has the ability to narrowly tailor a ruling that blocks specific information from being publicized. This is a very difficult, super uncommon act. In constitutional law, it is referred to as prior restraint. In practice, it is only usually allowed in times of war or in cases of urgent national security. In other words, where the government can show that a publication might undermine national security or cause loss of life, it can sometimes prevent the exercise of free speech and even punish those who do.
The first is that they must get the information legally. This means that reporters aren't allowed to break into someone's house and hack into their computer to steal their emails. However, if someone else does all of that and forwards those emails to a journalist, then the journalist is free to report on them.
The second exception is when the government has a "compelling purpose" to prevent information from being shared, then it has the ability to narrowly tailor a ruling that blocks specific information from being publicized. This is a very difficult, super uncommon act. In constitutional law, it is referred to as prior restraint. In practice, it is only usually allowed in times of war or in cases of urgent national security. In other words, where the government can show that a publication might undermine national security or cause loss of life, it can sometimes prevent the exercise of free speech and even punish those who do.
Related Concepts
In assessing invasion of privacy, what is appropriation?
In assessing invasion of privacy, what is false light?
In assessing invasion of privacy, what is intrusion upon seclusion?
In assessing invasion of privacy, what is public disclosure of private fact (PDPF)?
What 4 torts are fall under invasion of privacy?
