Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 4 of 4
Full-Text Articles in Law
Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment, Christina E. Wells
Regulating Offensiveness: Snyder V. Phelps, Emotion, And The First Amendment, Christina E. Wells
Faculty Publications
In its upcoming term, the Court will decide in Snyder v. Phelps whether Albert Snyder can sue the Reverend Fred Phelps and other members of the Westboro Baptist Church for invasion of privacy and intentional infliction of emotional distress for protesting near his son’s funeral. Those arguing in favor of tort liability claim that the Phelps’ speech during a time of mourning and vulnerability is especially outrageous and injurious and that the First Amendment allows such regulation. Their arguments, however, effectively rely on the offensiveness of the Phelps’ message rather than on any external indicia of harm, such as noisy …
Privacy And Funeral Protests, Christina E. Wells
Privacy And Funeral Protests, Christina E. Wells
Faculty Publications
This article examines the free speech implications of funeral protest statutes. Enacted in response to the Westboro Baptist Church, whose members protest at funerals to spread their antigay message, such statutes restrict a broad array of peaceful expressive activity. This Article focuses on the states’ interest underlying these statutes - protecting mourners’ right to be free from unwanted intrusions while at funeral services. Few would argue against protecting funeral services from intrusive protests. These statutes, however, go far beyond that notion and protect mourners from offensive, rather than intrusive, protests. As such, they do not conceive of privacy as protection …
Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky
Prying, Spying And Lying: Intrusive Newsgather And What The Law Should Do About Them, Lyrissa Lidsky
Faculty Publications
The media's use of intrusive newsgathering techniques poses an increasing threat to individual privacy. Courts currently resolve the overwhelming majority of conflicts in favor of the media. This is not because the First Amendment bars the imposition of tort liability on the media for its newsgathering practices. It does not. Rather, tort law has failed to seize the opportunity to create meaninful privacy protection. After surveying the economic, philosophical, and practical obstacles to reform, this Article proposes to rejuvenate the tort of intrusion to tip the balance between privacy and the press back in privacy's direction. Working within the framework …
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Intrusion And The Investigative Reporter, Lyrissa Lidsky
Faculty Publications
Although sometimes reviled as muckrakers, investigative reporters play a valuable role in exposing societal ills and advancing reform. The success of investigative journalism is due, at least in part, to its use of novel newsgathering techniques. Yet some of these same techniques pose a threat to individual privacy. Current tort doctrine strikes an unsatisfactory balance between these competing interests. The qualified common-law privilege advocated by this Note, in contrast, would protect those newsgathering activities that promote the public welfare. Equally significantly, by sending a clear message to editors, media lawyers, and reporters about the scope of protected newsgathering activity, it …