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Journal Articles

First Amendment

2010

University at Buffalo School of Law

Freedom of speech

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Full-Text Articles in Law

The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas Jan 2010

The Death Of The Public Disclosure Tort: A Historical Perspective, Samantha Barbas

Journal Articles

In 1890, Samuel Warren and Louis Brandeis, in their famous Harvard Law Review article The Right to Privacy, called for a new legal right that would allow the victims of truthful but embarrassing press publicity to recover damages for emotional harm. Currently, in most states, it constitutes a tort if the disclosure of “matter concerning the private life of another” would be highly offensive to a reasonable person and the matter is not “of legitimate concern to the public,” or newsworthy. However, because courts generally consider virtually everything that appears in the news media to be newsworthy, the public disclosure …