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Keywords

damagesliabilitylease
damagesleaseappellee

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The Florida Star v. B.J.F., 491 U.S. 524, 109 S.Ct. 2603, 105 L.Ed.2d 443, 57 USLW 4816, 16 Media L. Rep. 1801

Facts

The Florida Star is a weekly newspaper which serves the community of Jacksonville, Florida, and which has an average circulation of approximately 18,000 copies. A regular feature of the newspaper is its 'Police Reports' section. On October 20, 1983, appellee B.J.F. reported to the Duval County, Florida, Sheriff's Department (Department) that she had been robbed and sexually assaulted by an unknown assailant. The Department prepared a report on the incident which identified B.J.F. by her full name. The Department then placed the report in its pressroom. A Florida Star reporter-trainee sent to the pressroom copied the police report verbatim, including B.J.F.'s full name.

Issue

Does imposing damages on a newspaper for publishing the name of a rape victim, obtained from a publicly released police report, violate the First Amendment?

Does imposing damages on a newspaper for publishing the name of a rape victim, obtained from a publicly released police report, violate the First Amendment?

Rule

The First Amendment protects the press from being punished for publishing truthful information that it lawfully obtains about matters of public significance, unless there is a compelling state interest that justifies such punishment. Specifically, if a newspaper lawfully obtains truthful information, damages may only be imposed when narrowly tailored to serve a state interest of the highest order.

If a newspaper lawfully obtains truthful information about a matter of public significance then state officials may not constitutionally punish publication of the information, absent a need to further a state interest of the highest order. Smith v. Daily Mail Publishing Co., 443 U.S. 97, 103, 99 S.Ct. 2667, 2670-71, 61 L.Ed.2d 399.

Analysis

Conclusion

The Supreme Court reversed the lower court's decision, holding that imposing damages on the Florida Star for publishing B.J.F.'s name violated the First Amendment.

Imposing damages on the Star for publishing B.J.F.'s name violates the First Amendment.

Who won?

The Florida Star prevailed in this case as the Supreme Court ruled that the imposition of damages for publishing the name of a rape victim, obtained from a public police report, violated the First Amendment. The court emphasized that the newspaper had lawfully obtained truthful information and that the state failed to demonstrate a compelling interest that justified punishing the publication. This ruling reinforced the principle that the press has the right to publish information of public significance without fear of liability, provided the information is obtained lawfully.

The Florida Star prevailed in this case as the Supreme Court ruled that the imposition of damages for publishing the name of a rape victim, obtained from a public police report, violated the First Amendment.

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