Abstract

http://ssrn.com/abstract=241031
 


 



Prying, Spying, and Lying: Intrusive Newsgathering and What the Law Should Do About It


Lyrissa Barnett Lidsky


University of Florida - Levin College of Law


Tulane Law Review, Vol. 73, p. 173, 1998

Abstract:     
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 of traditional tort law, this Article advocates reform of intrusion's doctrinal flaws followed by the adoption of a newsgatherer's privilege to protect media intrusions that serve a significant public interest.

Number of Pages in PDF File: 78

Keywords: tort, privacy, intrusion, media, press, First Amendment, newsgathering, newsgatherer

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Date posted: November 8, 2000 ; Last revised: December 29, 2009

Suggested Citation

Lidsky, Lyrissa Barnett, Prying, Spying, and Lying: Intrusive Newsgathering and What the Law Should Do About It. Tulane Law Review, Vol. 73, p. 173, 1998. Available at SSRN: http://ssrn.com/abstract=241031

Contact Information

Lyrissa Barnett Lidsky (Contact Author)
University of Florida - Levin College of Law ( email )
P.O. Box 117625
Gainesville, FL 32611-7625
United States
352.392.2211 (Phone)
352.392.3005 (Fax)
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