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Full-Text Articles in Law
The Hidden First Amendment Values Of Privacy, Sean M. Scott
The Hidden First Amendment Values Of Privacy, Sean M. Scott
Washington Law Review
The private facts tort protects the privacy of individuals by punishing the publication of private information. The First Amendment protects the press when it publishes information in which the public has a legitimate interest. The right to keep information private and the right to publish information sometimes conflict. The First Amendment is often the victor in these conflicts; courts are concerned that the private facts tort threatens First Amendment values. This Article challenges the argument that punishing a media defendant for publishing truthful information will threaten unduly First Amendment values. The Article argues instead that the private facts tort promotes, …
To Test Or Not To Test: Article I, Section 7 And Random Drug-Testing Of Washington's Public School Student-Athletes, Kristi L. Helgeson
To Test Or Not To Test: Article I, Section 7 And Random Drug-Testing Of Washington's Public School Student-Athletes, Kristi L. Helgeson
Washington Law Review
In Vernonia School District 47J v. Acton, the U.S. Supreme Court held that the Fourth Amendment to the U.S. Constitution does not protect the privacy interests of the nation's public school student-athletes from mandatory, random urinalysis drug-testing. This Comment argues that article I, section 7 of the Washington State Constitution provides Washington's student-athletes greater protection than the Fourth Amendment and, consequently, proscribes mandatory, random urinalysis drug-testing. It concludes by providing parameters for student-athlete drug-testing programs that will pass state constitutional muster.