Privacy and the Press
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Location
Villanova University Charles Widger School of Law
Event Website
https://www.villanovalawreview.com/
Publication Date
2025
Start Date
21-2-2025 1:00 PM
End Date
21-2-2025 2:15 PM
Description
The Supreme Court has consistently held that once truthful information of public interest is disclosed, the Constitution forbids any governmental restraint on its distribution by prohibiting publication or imposing sanctions. While the common law and some statutes recognize protections for individuals’ privacy, these cases seem to limit any remedy for publication of legitimately obtained, truthful information. This is so even if it involves disclosing sensitive private information or undermines society’s commitment to rehabilitating individuals charged with criminal activity and protecting those who may have been arrested or charged but were vindicated. Is there a way to reconcile constitutional protections of freedom of speech and the press with our legitimate concerns for preserving individual’s privacy, encouraging rehabilitation of those who have served their time for crimes and for removing the stain of alleged criminal activity from the reputations of innocent individuals swept up in circumstances beyond their control?
Privacy and the Press
Villanova University Charles Widger School of Law
The Supreme Court has consistently held that once truthful information of public interest is disclosed, the Constitution forbids any governmental restraint on its distribution by prohibiting publication or imposing sanctions. While the common law and some statutes recognize protections for individuals’ privacy, these cases seem to limit any remedy for publication of legitimately obtained, truthful information. This is so even if it involves disclosing sensitive private information or undermines society’s commitment to rehabilitating individuals charged with criminal activity and protecting those who may have been arrested or charged but were vindicated. Is there a way to reconcile constitutional protections of freedom of speech and the press with our legitimate concerns for preserving individual’s privacy, encouraging rehabilitation of those who have served their time for crimes and for removing the stain of alleged criminal activity from the reputations of innocent individuals swept up in circumstances beyond their control?
https://digitalcommons.law.villanova.edu/shachoy_symposium/2025/proceedings/5
Comments
Moderated by Itay Ravid, Associate Professor of Law & Reuschlein Emerging Scholar, Villanova Law