Does the media have First Amendment privilege to name and discuss an individual in a biography?

California, United States of America


The following excerpt is from Shulman v. Group W Productions, Inc., 51 Cal.App.4th 850, 59 Cal.Rptr.2d 434 (Cal. App. 1996):

Though an individual's right of privacy must be weighed and balanced against the public's right to news and information, "[i]t is clear that as current news occurs those involved in the happening may be named and discussed in newspapers or over the air even though the process actually invades the privacy of the individual. If a householder is burglarized, or a pedestrian is held up and robbed in the street, or two automobiles collide at an intersection, news media may properly give an account of what happened even though the individual objects...." (Carlisle v. Fawcett Publications, Inc. (1962) 201 Cal.App.2d 733, 745-746, 20 Cal.Rptr. 405.) This First Amendment privilege is not restricted to current events and, despite the mere lapse of time, the media "may legitimately inform and entertain the public with the reproduction of past events, travelogues and biographies." (Id. at p. 746, 20 Cal.Rptr. 405.)

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