“Does Privacy Have a Place in Public Discourse: Florida Star v. B.J.F.”

Does Privacy Have a Place in Public Discourse: Florida Star v. B.J.F. written by Ryan Timothy Jacobs

November 13th, 2013

CLICK HERE FOR FULL PDF: Does Privacy Have a Place in Public Discourse- Florida Star v. B.J.F. B.J.F

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SUMMARY:

Appellant, The Florida Star, is a newspaper which publishes a “Police Reports” section containing brief articles describing local criminal incidents under police investigation. After appellee B. J. F. reported to the Sheriff’s Department (Department) that she had been robbed and sexually assaulted, the Department prepared a report, which identified B. J. F. by her full name, and placed it in the Department’s pressroom. The Department does not restrict access to the room or to the reports available there. A Star reporter-trainee sent to the pressroom copied the police report verbatim, including B. J. F.’s full name. Consequently, her name was included in a “Police Reports” story in the paper, in violation of the Star’s internal policy. Florida Stat. § 794.03 makes it unlawful to “print, publish, or broadcast . . . in any instrument of mass communication” the name of the victim of a sexual offense. B. J. F. filed suit in a Florida court alleging, inter alia, that the Star had negligently violated § 794.03. The trial court denied the Star’s motion to dismiss, which claimed, among other things, that imposing civil sanctions on the newspaper pursuant to § 794.03 violated the First Amendment. However, it granted B. J. F.’s motion for a directed verdict on the issue of negligence, finding the Star per se negligent based on its violation of § 794.03. The jury then awarded B. J. F. both compensatory and punitive damages. The verdict was upheld on appeal …

For more information:

http://www.bc.edu/bc_org/avp/cas/comm/free_speech/floridastar.html

Additional Resources on Free Speech –

Thomas L. Tedford and Dale A. Herbeck
Freedom of Speech in the United States, 6th ed.
State College, PA: Strata Publishing, Inc., 2009
www.bc.edu/free_speech