florida
star
argued
march
decided
june
appellant
florida
star
newspaper
publishes
police
reports
section
containing
brief
articles
describing
local
criminal
incidents
police
investigation
appellee
reported
sheriff
department
department
robbed
sexually
assaulted
department
prepared
report
identified
full
name
placed
department
pressroom
department
restrict
access
room
reports
available
star
sent
pressroom
copied
police
report
verbatim
including
full
name
consequently
name
included
police
reports
story
paper
violation
star
internal
policy
florida
stat
makes
unlawful
print
publish
broadcast
instrument
mass
communication
name
victim
sexual
offense
filed
suit
florida
alleging
inter
alia
star
negligently
violated
trial
denied
star
motion
dismiss
claimed
among
things
imposing
civil
sanctions
newspaper
pursuant
violated
first
amendment
however
granted
motion
directed
verdict
issue
negligence
finding
star
per
se
negligent
based
violation
jury
awarded
compensatory
punitive
damages
verdict
upheld
appeal
held
imposing
damages
star
publishing
name
violates
first
amendment
pp
sensitivity
significance
interests
presented
clashes
first
amendment
privacy
rights
counsels
rely
limited
principles
sweep
broadly
appropriate
context
instant
case
rather
accept
invitations
hold
broadly
truthful
publication
may
never
punished
consistent
first
amendment
publication
rape
victim
name
never
enjoys
constitutional
protection
one
principle
newspaper
lawfully
obtains
truthful
information
matter
public
significance
state
officials
may
constitutionally
punish
publication
information
absent
need
state
interest
highest
order
smith
daily
mail
publishing
applied
instant
case
daily
mail
principle
commands
reversal
pp
star
lawfully
obtain
ed
truthful
information
actual
news
article
accurate
star
lawfully
obtained
name
government
fact
state
officials
required
disclose
reports
sheriff
department
apparently
failed
fulfill
obligation
cause
allow
name
published
make
unlawful
star
received
information
florida
taken
steps
proscribe
receipt
government
ample
means
safeguard
information
less
drastic
punishing
truthful
publication
furthermore
clear
news
article
generally
opposed
specific
identity
contained
involved
matter
public
significance
commission
investigation
violent
crime
reported
authorities
pp
imposing
liability
star
serve
need
state
interest
highest
order
although
interests
protecting
privacy
safety
sexual
assault
victims
encouraging
report
offenses
without
fear
exposure
highly
significant
imposing
liability
star
case
precipitous
means
advancing
interests
since
star
obtained
information
sheriff
department
failed
abide
policy
imposition
damages
hardly
said
narrowly
tailored
means
safeguarding
anonymity
especially
likely
result
imposition
liability
newspaper
gains
access
information
government
news
release
moreover
negligence
per
se
standard
adopted
courts
permit
findings
disclosure
one
reasonable
person
find
offensive
scienter
requirement
kind
addition
facial
underinclusiveness
prohibits
publication
instrument
mass
communication
prohibit
spread
victims
names
means
raises
serious
doubts
whether
florida
serving
interests
specified
state
must
demonstrate
commitment
extraordinary
measure
punishing
truthful
publication
name
privacy
applying
prohibition
evenhandedly
smalltime
disseminator
media
giant
pp
marshall
delivered
opinion
brennan
blackmun
stevens
kennedy
joined
scalia
filed
opinion
concurring
part
concurring
judgment
post
white
filed
dissenting
opinion
rehnquist
joined
post
george
rahdert
argued
cause
filed
briefs
appellant
joel
eaton
argued
cause
filed
brief
appellee
briefs
amici
curiae
urging
reversal
filed
american
newspaper
publishers
association
et
al
richard
ovelmen
terry
maguire
gary
pruitt
paul
levine
laura
besvinick
gregg
thomas
reporters
committee
freedom
press
et
al
jane
kirtley
robert
brinkmann
laurent
scharff
ronald
zumbrun
anthony
caso
filed
brief
pacific
legal
foundation
amicus
curiae
urging
affirmance
justice
marshall
delivered
opinion
florida
stat
makes
unlawful
print
publish
broadcast
instrument
mass
communication
name
victim
sexual
offense
pursuant
statute
appellant
florida
star
found
civilly
liable
publishing
name
rape
victim
obtained
publicly
released
police
report
issue
presented
whether
result
comports
first
amendment
hold
florida
star
weekly
newspaper
serves
community
jacksonville
florida
average
circulation
approximately
copies
regular
feature
newspaper
police
reports
section
section
typically
two
three
pages
length
contains
brief
articles
describing
local
criminal
incidents
police
investigation
october
appellee
reported
duval
county
florida
sheriff
department
department
robbed
sexually
assaulted
unknown
assailant
department
prepared
report
incident
identified
full
name
department
placed
report
pressroom
department
restrict
access
either
pressroom
reports
made
available
therein
florida
star
sent
pressroom
copied
police
report
verbatim
including
full
name
blank
duplicate
department
forms
florida
star
reporter
prepared
article
crime
derived
entirely
trainee
copy
police
report
article
included
full
name
appeared
robberies
subsection
police
reports
section
october
one
police
blotter
stories
day
edition
article
read
reported
thursday
october
crossing
brentwood
park
block
golfair
boulevard
enroute
bus
stop
unknown
black
man
ran
behind
lady
placed
knife
neck
told
yell
suspect
undressed
lady
sexual
intercourse
fleeing
scene
cents
timex
watch
gold
necklace
patrol
efforts
suspended
concerning
incident
lack
evidence
september
filed
suit
circuit
duval
county
department
florida
star
alleging
parties
negligently
violated
see
supra
trial
department
settled
florida
star
moved
dismiss
claiming
inter
alia
imposing
civil
sanctions
newspaper
pursuant
violated
first
amendment
trial
judge
rejected
motion
app
ensuing
daylong
trial
testified
suffered
emotional
distress
publication
name
stated
heard
article
fellow
workers
acquaintances
mother
received
several
threatening
phone
calls
man
stated
rape
events
forced
change
phone
number
residence
seek
police
protection
obtain
mental
health
counseling
defense
florida
star
put
forth
evidence
indicating
newspaper
learned
name
incident
report
released
department
newspaper
violation
internal
rule
publishing
names
sexual
offense
victims
inadvertent
close
case
close
defense
florida
star
moved
directed
verdict
occasions
trial
judge
denied
motions
ruled
bench
constitutional
reflected
proper
balance
first
amendment
privacy
rights
applied
narrow
set
rather
sensitive
criminal
offenses
app
rejecting
first
motion
see
rejecting
second
motion
close
newspaper
defense
judge
granted
motion
directed
verdict
issue
negligence
finding
newspaper
per
se
negligent
based
upon
violation
ruling
left
jury
consider
questions
causation
damages
judge
instructed
jury
award
punitive
damages
found
newspaper
acted
reckless
indifference
rights
others
jury
awarded
compensatory
damages
punitive
damages
actual
damages
award
judge
set
settlement
department
first
district
appeal
affirmed
per
curiam
opinion
paragraph
devoted
florida
star
first
amendment
claim
stated
directed
verdict
properly
entered
rape
victim
name
private
nature
published
matter
law
citing
doe
florida
television
app
omitted
florida
denied
discretionary
review
florida
star
appealed
noted
probable
jurisdiction
reverse
ii
tension
right
first
amendment
accords
free
press
one
hand
protections
various
statutes
doctrines
accord
personal
privacy
publication
truthful
information
subject
addressed
several
times
recent
years
decisions
cases
involving
government
attempts
sanction
accurate
dissemination
information
invasive
privacy
however
exhaustively
considered
conflict
contrary
although
decisions
without
exception
upheld
press
right
publish
emphasized
time
resolving
conflict
arose
discrete
factual
context
parties
case
frame
contentions
light
trilogy
cases
presented
different
contexts
conflict
truthful
reporting
privacy
interests
cox
broadcasting
cohn
found
unconstitutional
civil
damages
award
entered
television
station
broadcasting
name
victim
station
obtained
courthouse
records
oklahoma
publishing
oklahoma
county
district
found
unconstitutional
state
pretrial
order
enjoining
media
publishing
name
photograph
boy
connection
juvenile
proceeding
involving
child
reporters
attended
finally
smith
daily
mail
publishing
found
unconstitutional
indictment
two
newspapers
violating
state
statute
forbidding
newspapers
publish
without
written
approval
juvenile
name
youth
charged
juvenile
offender
papers
learned
shooting
monitoring
police
band
radio
frequency
obtained
name
alleged
juvenile
assailant
witnesses
police
local
prosecutor
appellant
takes
position
case
indistinguishable
cox
broadcasting
brief
appellant
alternatively
urges
decisions
trilogy
cases
held
right
press
publish
truth
overcame
asserted
interests
personal
privacy
distilled
yield
broader
first
amendment
principle
press
may
never
punished
civilly
criminally
publishing
truth
appellee
counters
privacy
trilogy
inapposite
case
private
information
already
appeared
public
record
brief
appellee
privacy
interests
stake
far
less
profound
present
case
see
alternative
appellee
urges
cox
broadcasting
overruled
replaced
categorical
rule
publication
name
rape
victim
never
enjoys
constitutional
protection
tr
oral
arg
conclude
imposing
damages
appellant
publishing
name
violates
first
amendment
although
either
reasons
appellant
urges
despite
strong
resemblance
case
bears
cox
broadcasting
case
fairly
read
controlling
name
rape
victim
case
obtained
courthouse
records
open
public
inspection
fact
justice
white
opinion
repeatedly
noted
noting
special
protected
nature
accurate
reports
judicial
proceedings
emphasis
added
see
also
significantly
one
reasons
gave
cox
broadcasting
invalidating
challenged
damages
award
important
role
press
plays
subjecting
trials
public
scrutiny
thereby
helping
guarantee
fairness
role
directly
compromised
information
question
comes
police
report
prepared
disseminated
time
adversarial
criminal
proceedings
begun
suspect
identified
need
accept
appellant
invitation
hold
broadly
truthful
publication
may
never
punished
consistent
first
amendment
cases
carefully
eschewed
reaching
ultimate
question
mindful
future
may
bring
scenarios
prudence
counsels
resolving
anticipatorily
see
near
minnesota
ex
rel
olson
hypothesizing
publication
sailing
dates
transports
number
location
troops
see
also
garrison
louisiana
endorsing
absolute
defense
truth
discussion
public
affairs
concerned
leaving
unsettled
constitutional
implications
truthfulness
discrete
area
purely
private
libels
landmark
communications
virginia
time
hill
indeed
cox
broadcasting
pointedly
refused
answer
even
less
sweeping
question
whether
truthful
publications
may
ever
subjected
civil
criminal
liability
invading
area
privacy
defined
state
respecting
fact
press
freedom
privacy
rights
plainly
rooted
traditions
significant
concerns
society
instead
focused
less
sweeping
issue
whether
state
may
impose
sanctions
accurate
publication
name
rape
victim
obtained
public
records
specifically
judicial
records
maintained
connection
public
prosecution
open
public
inspection
ibid
continue
believe
sensitivity
significance
interests
presented
clashes
first
amendment
privacy
rights
counsel
relying
limited
principles
sweep
broadly
appropriate
context
instant
case
view
case
appropriately
analyzed
reference
limited
first
amendment
principle
one
fact
articulated
daily
mail
synthesis
prior
cases
involving
attempts
punish
truthful
publication
newspaper
lawfully
obtains
truthful
information
matter
public
significance
state
officials
may
constitutionally
punish
publication
information
absent
need
state
interest
highest
order
according
press
ample
protection
provided
principle
supported
least
three
separate
considerations
addition
course
overarching
public
interest
secured
constitution
dissemination
truth
cox
broadcasting
supra
quoting
garrison
supra
omitted
cases
daily
mail
synthesis
relied
demonstrate
considerations
first
daily
mail
formulation
protects
publication
information
newspaper
lawfully
obtain
ed
government
retains
ample
means
safeguarding
significant
interests
upon
publication
may
impinge
including
protecting
rape
victim
anonymity
extent
sensitive
information
rests
private
hands
government
may
circumstances
forbid
nonconsensual
acquisition
thereby
bringing
outside
daily
mail
principle
publication
information
acquired
extent
sensitive
information
government
custody
even
greater
power
forestall
mitigate
injury
caused
release
government
may
classify
certain
information
establish
enforce
procedures
ensuring
redacted
release
extend
damages
remedy
government
officials
government
mishandling
sensitive
information
leads
dissemination
information
entrusted
government
less
drastic
means
punishing
truthful
publication
almost
always
exists
guarding
dissemination
private
facts
see
landmark
communications
supra
uch
risk
disclosure
sensitive
information
regarding
judicial
disciplinary
proceedings
eliminated
careful
internal
procedures
protect
confidentiality
commission
proceedings
oklahoma
publishing
noting
trial
judge
failure
avail
opportunity
provided
state
statute
close
juvenile
hearing
public
including
members
press
later
broadcast
juvenile
defendant
name
cox
broadcasting
supra
privacy
interests
protected
judicial
proceedings
must
respond
means
avoid
public
documentation
exposure
private
information
second
consideration
undergirding
daily
mail
principle
fact
punishing
press
dissemination
information
already
publicly
available
relatively
unlikely
advance
interests
service
state
seeks
act
course
always
case
information
lawfully
acquired
press
known
accessible
others
government
made
certain
information
publicly
available
highly
anomalous
sanction
persons
source
release
noted
anomaly
cox
broadcasting
placing
information
public
domain
official
records
state
must
presumed
concluded
public
interest
thereby
served
daily
mail
formulation
reflects
fact
limited
set
cases
indeed
despite
accessibility
public
certain
information
meaningful
public
interest
served
restricting
release
entities
like
press
daily
mail
observed
summary
oklahoma
publishing
truthful
information
publicly
revealed
public
domain
constitutionally
restrain
dissemination
third
final
consideration
timidity
may
result
allowing
media
punished
publishing
certain
truthful
information
cox
broadcasting
supra
cox
broadcasting
noted
concern
overdeterrence
context
information
made
public
official
records
fear
excessive
media
applicable
well
information
released
without
qualification
government
contrary
rule
depriving
protection
rely
government
implied
representations
lawfulness
dissemination
force
upon
media
onerous
obligation
sifting
government
press
releases
reports
pronouncements
prune
material
arguably
unlawful
publication
situation
inhere
even
newspaper
sole
object
reproduce
substantial
change
government
rendition
event
question
applied
instant
case
daily
mail
principle
clearly
commands
reversal
first
inquiry
whether
newspaper
lawfully
obtain
ed
truthful
information
matter
public
significance
undisputed
news
article
describing
assault
accurate
addition
appellant
lawfully
obtained
name
appellee
argument
contrary
based
fact
florida
law
police
reports
reveal
identity
victim
sexual
offense
among
matters
public
record
public
law
entitled
inspect
brief
appellee
citing
stat
fact
state
officials
required
disclose
reports
make
unlawful
newspaper
receive
furnished
government
fact
department
apparently
failed
fulfill
obligation
cause
allow
published
name
sexual
offense
victim
make
newspaper
ensuing
receipt
information
unlawful
even
assuming
constitution
permitted
state
proscribe
receipt
information
florida
taken
step
clear
furthermore
news
article
concerned
matter
public
significance
sense
daily
mail
synthesis
prior
cases
used
term
article
generally
opposed
specific
identity
contained
within
involved
matter
paramount
public
import
commission
investigation
violent
crime
reported
authorities
see
cox
broadcasting
supra
article
identifying
victim
oklahoma
publishing
oklahoma
county
district
article
identifying
juvenile
alleged
committed
murder
daily
mail
supra
cf
landmark
communications
virginia
article
identifying
judges
whose
conduct
investigated
second
inquiry
whether
imposing
liability
appellant
pursuant
serves
need
state
interest
highest
order
daily
mail
appellee
argues
rule
punishing
publication
furthers
three
closely
related
interests
privacy
victims
sexual
offenses
physical
safety
victims
may
targeted
retaliation
names
become
known
assailants
goal
encouraging
victims
crimes
report
offenses
without
fear
exposure
brief
appellee
time
daily
reminded
tragic
reality
rape
undeniable
highly
significant
interests
fact
underscored
florida
legislature
explicit
attempt
protect
interests
enacting
criminal
statute
prohibiting
much
dissemination
victim
identities
accordingly
rule
possibility
proper
case
imposing
civil
sanctions
publication
name
rape
victim
might
overwhelmingly
necessary
advance
interests
satisfy
daily
mail
standard
three
independent
reasons
however
imposing
liability
publication
circumstances
case
precipitous
means
advancing
interests
convince
us
need
within
meaning
daily
mail
formulation
florida
take
extreme
step
cf
landmark
communications
supra
invalidating
penalty
publication
despite
state
expressed
interest
reflected
statute
prohibiting
unauthorized
divulging
names
judges
investigation
first
manner
appellant
obtained
identifying
information
question
noted
government
provides
information
media
appropriate
assume
government
failed
utilize
far
limited
means
guarding
dissemination
extreme
step
punishing
truthful
speech
assumption
richly
borne
case
identity
never
come
light
erroneous
inadvertent
inclusion
department
full
name
incident
report
made
available
pressroom
open
public
florida
policy
disclosure
rape
victims
identities
reflected
undercut
department
failure
abide
policy
government
failed
police
disseminating
information
clear
cox
broadcasting
oklahoma
publishing
landmark
communications
imposition
damages
press
subsequent
publication
hardly
said
narrowly
tailored
means
safeguarding
anonymity
see
supra
government
placed
information
public
domain
reliance
must
rest
upon
judgment
decide
publish
broadcast
cox
broadcasting
hopes
restitution
must
rest
upon
willingness
government
compensate
victims
loss
privacy
protect
consequences
mishandling
information
victims
provided
confidence
appellant
gained
access
information
question
government
news
release
makes
especially
likely
liability
imposed
result
reliance
news
release
paradigmatically
routine
newspaper
reporting
techniqu
daily
mail
supra
government
issuance
release
without
qualification
convey
recipients
government
considered
dissemination
lawful
indeed
expected
recipients
disseminate
information
appellant
merely
reproduced
news
release
prepared
released
department
imposing
civil
damages
surely
violate
first
amendment
fact
appellant
converted
police
report
news
story
adding
linguistic
connecting
tissue
necessary
transform
report
facts
full
sentences
change
result
second
problem
florida
imposition
liability
publication
broad
sweep
negligence
per
se
standard
applied
civil
cause
action
implied
unlike
claims
based
tort
invasion
privacy
see
restatement
second
torts
civil
actions
based
require
findings
disclosure
fact
person
private
life
one
reasonable
person
find
highly
offensive
contrary
per
se
theory
negligence
adopted
courts
liability
follows
automatically
publication
regardless
whether
identity
victim
already
known
throughout
community
whether
victim
voluntarily
called
public
attention
offense
whether
identity
victim
otherwise
become
reasonable
subject
public
concern
perhaps
questions
arisen
whether
victim
fabricated
assault
particular
person
scienter
requirement
kind
engendering
perverse
result
truthful
publications
challenged
pursuant
cause
action
less
protected
first
amendment
even
least
protected
defamatory
falsehoods
involving
purely
private
figures
liability
evaluated
standard
usually
applied
jury
ordinary
negligence
see
gertz
robert
welch
previously
noted
impermissibility
categorical
prohibitions
upon
media
access
important
first
amendment
interests
stake
see
globe
newspaper
superior
norfolk
county
invalidating
state
statute
providing
categorical
exclusion
public
trials
sexual
offenses
involving
juvenile
victims
individualized
adjudication
less
indispensable
state
seeking
safeguard
anonymity
crime
victims
sets
face
publication
names
third
finally
facial
underinclusiveness
raises
serious
doubts
whether
florida
fact
serving
statute
significant
interests
appellee
invokes
support
affirmance
section
prohibits
publication
identifying
information
information
appears
instrument
mass
communication
term
statute
define
section
prohibit
spread
means
identities
victims
sexual
offenses
individual
maliciously
spreads
word
identity
rape
victim
thus
covered
despite
fact
communication
information
persons
live
near
work
victim
may
consequences
devastating
exposure
name
large
numbers
strangers
see
tr
oral
arg
appellee
acknowledges
apply
backyard
gossip
tells
people
know
state
attempts
extraordinary
measure
punishing
truthful
publication
name
privacy
must
demonstrate
commitment
advancing
interest
applying
prohibition
evenhandedly
smalltime
disseminator
well
media
giant
important
first
amendment
interests
stake
mass
scope
disclosure
acceptable
surrogate
injury
ban
disclosures
effected
instrument
mass
communication
simply
defended
ground
partial
prohibitions
may
effect
partial
relief
see
daily
mail
statute
insufficiently
tailored
interest
protecting
anonymity
restricted
newspapers
electronic
media
forms
publication
identifying
juvenile
defendants
rehnquist
concurring
judgment
cf
arkansas
writers
project
ragland
minneapolis
star
tribune
minnesota
revenue
without
careful
inclusive
precautions
alternative
forms
dissemination
conclude
florida
selective
ban
publication
mass
media
satisfactorily
accomplishes
stated
purpose
iii
holding
today
limited
hold
truthful
publication
automatically
constitutionally
protected
zone
personal
privacy
within
state
may
protect
individual
intrusion
press
even
state
may
never
punish
publication
name
victim
sexual
offense
hold
newspaper
publishes
truthful
information
lawfully
obtained
punishment
may
lawfully
imposed
narrowly
tailored
state
interest
highest
order
interest
satisfactorily
served
imposing
liability
appellant
facts
case
decision
therefore
reversed
footnotes
unlawful
publish
broadcast
information
identifying
sexual
offense
victim
person
shall
print
publish
broadcast
cause
allow
printed
published
broadcast
instrument
mass
communication
name
address
identifying
fact
information
victim
sexual
offense
within
chapter
offense
section
shall
constitute
misdemeanor
second
degree
punishable
provided
stat
filing
lawsuit
appellee
used
full
name
caption
case
appeal
florida
district
appeal
sua
sponte
revised
caption
stating
refer
appellee
initials
order
preserve
privacy
interests
respecting
interests
refer
appellee
initials
caption
discussion
doe
florida
television
second
district
appeal
upheld
dismissal
first
amendment
grounds
rape
victim
damages
claim
florida
television
station
broadcast
portions
testimony
assailant
trial
reasoned
cox
broadcasting
cohn
information
question
readily
available
public
vehicle
public
trial
stated
however
constitutionally
applied
punish
publication
sexual
offense
victim
name
identifying
information
yet
become
part
open
public
record
virtue
revealed
open
public
judicial
proceedings
citing
op
atty
noting
probable
jurisdiction
certified
florida
question
whether
possessed
jurisdiction
declined
hear
newspaper
case
state
answered
affirmative
somewhat
uncharted
state
law
area
thus
contrasts
markedly
area
defamatory
falsehoods
long
line
decisions
produced
relatively
detailed
legal
standards
governing
multifarious
situations
individuals
aggrieved
dissemination
damaging
untruths
seek
redress
see
new
york
times
sullivan
garrison
louisiana
henry
collins
rosenblatt
baer
time
hill
greenbelt
cooperative
publishing
bresler
monitor
patriot
roy
time
pape
rosenbloom
metromedia
gertz
robert
welch
herbert
lando
hutchinson
proxmire
dun
bradstreet
greenmoss
builders
philadelphia
newspapers
hepps
anderson
liberty
lobby
see
landmark
communications
virginia
interest
confidentiality
judicial
disciplinary
proceedings
bates
state
bar
arizona
interest
maintaining
professionalism
attorneys
nebraska
press
assn
stuart
interest
accused
right
fair
trial
virginia
pharmacy
bd
virginia
citizens
consumer
council
interest
maintaining
professionalism
licensed
pharmacists
new
york
times
interest
national
security
garrison
supra
interest
public
figure
reputation
also
recognized
privacy
interests
fade
information
already
appears
public
record
making
public
records
generally
available
media
allowing
publication
punished
offensive
invite
likely
lead
suppression
many
items
made
available
public
daily
mail
principle
settle
issue
whether
cases
information
acquired
unlawfully
newspaper
source
government
may
ever
punish
unlawful
acquisition
ensuing
publication
well
issue
raised
definitively
resolved
new
york
times
reserved
landmark
communications
occasion
address
concluded
imposing
liability
appellant
pursuant
violates
first
amendment
occasion
address
appellant
subsidiary
arguments
imposition
punitive
damages
publication
independently
violated
first
amendment
functions
impermissible
prior
restraint
see
smith
daily
mail
publishing
justice
scalia
concurring
part
concurring
judgment
think
sufficient
decide
case
rely
upon
third
ground
set
forth
opinion
ante
page
law
regarded
protecting
interest
highest
order
smith
daily
mail
publishing
thus
justifying
restriction
upon
truthful
speech
leaves
appreciable
damage
supposedly
vital
interest
unprohibited
present
case
anticipate
rape
victim
discomfort
dissemination
news
misfortune
among
friends
acquaintances
least
great
discomfort
publication
media
people
name
yet
law
question
prohibit
former
either
oral
written
form
clear
think
must
validate
statute
florida
general
privacy
law
prohibit
gossip
finally
credible
interest
meant
served
statute
protection
victim
rapist
still
large
interest
arguably
extend
mass
publication
little
reason
limit
statute
objective
rape
alone
extend
rapes
whether
felon
apprehended
confined
case
instructions
require
jury
find
rapist
large
law
every
appearance
prohibition
society
prepared
impose
upon
press
upon
prohibition
protect
interest
highest
order
reason
agree
judgment
must
reversed
justice
white
chief
justice
justice
join
dissenting
short
homicide
rape
ultimate
violation
self
coker
georgia
opinion
white
however
violation
suffered
rapist
knifepoint
marked
beginning
ordeal
week
later
assailant
still
large
account
assault
identifying
name
victim
published
florida
star
result
received
harassing
phone
calls
required
mental
health
counseling
forced
move
home
even
threatened
raped
yet
today
holds
jury
award
compensate
harm
suffered
due
star
negligence
odds
first
amendment
accept
result
finds
result
compelled
least
supported
varying
degrees
three
prior
cases
cox
broadcasting
cohn
oklahoma
publishing
oklahoma
county
district
smith
daily
mail
publishing
disagree
none
cases
requires
harsh
outcome
reached
today
cox
broadcasting
reversed
damages
award
entered
television
station
obtained
rape
victim
name
public
records
maintained
connection
judicial
proceedings
brought
assailants
similarities
critical
aspects
case
make
wholly
distinguishable
one
first
cox
broadcasting
victim
name
disclosed
hearing
assailants
pleaded
guilty
recognized
judicial
records
always
considered
public
information
country
see
cox
broadcasting
supra
fact
even
earliest
notion
privacy
rights
exempted
information
contained
judicial
records
protections
see
warren
brandeis
right
privacy
harv
rev
second
unlike
incident
report
issue
meant
state
law
withheld
public
release
judicial
proceedings
issue
cox
broadcasting
open
matter
state
law
thus
cox
broadcasting
scheme
made
public
disclosure
victim
name
almost
inevitable
florida
law
forbids
disclosure
see
stat
facts
disclosure
came
judicial
proceedings
open
public
critical
analysis
cox
broadcasting
distinction
case
one
made
obvious
penultimate
paragraph
cox
broadcasting
reluctant
embark
course
make
public
records
generally
available
media
forbid
publication
offensive
first
fourteenth
amendments
allow
exposing
press
liability
truthfully
publishing
information
released
public
official
records
privacy
interests
protected
judicial
proceedings
must
respond
means
avoid
public
documentation
exposure
private
information
true
information
disclosed
public
documents
open
public
inspection
press
sanctioned
publishing
cox
broadcasting
supra
emphasis
added
finding
cox
broadcasting
inadequate
support
result
relies
smith
daily
mail
publishing
principal
authority
flat
rule
daily
mail
places
much
reliance
newspaper
lawfully
obtains
truthful
information
state
officials
may
constitutionally
punish
publication
information
absent
need
state
interest
highest
order
introduced
daily
mail
cautious
qualifier
rule
suggest
ed
prior
cases
one
directly
control
ed
daily
mail
see
daily
mail
rule
takes
given
thus
offered
hypothesis
daily
mail
uncritically
accepted
constitutional
dogma
importantly
issue
daily
mail
disclosure
name
perpetrator
infamous
murder
student
surely
rights
accused
crimes
victims
must
differ
respect
privacy
concerns
whatever
rights
alleged
criminals
maintain
anonymity
pending
adjudication
guilt
daily
mail
rights
seem
minimal
rights
crime
victims
stay
shielded
public
view
must
infinitely
substantial
daily
mail
careful
state
holding
case
narrow
issue
privacy
emphasis
added
case
issue
privacy
indeed
principal
issue
therefore
case
falls
outside
daily
mail
rule
suggest
perhaps
even
meant
rule
first
place
consequently
agree
cox
broadcasting
oklahoma
publishing
daily
mail
requires
even
substantially
supports
result
reached
today
ii
left
wonder
whether
three
independent
reasons
cites
reversing
judgment
support
result
see
ante
first
reasons
relied
fact
appellant
gained
access
name
government
news
release
ante
government
issuance
release
without
qualification
convey
recipients
government
considered
dissemination
lawful
suggests
ante
described
case
begins
look
like
situation
oklahoma
publishing
judge
invited
reporters
courtroom
tried
prohibit
reporting
proceedings
observed
case
profoundly
different
release
information
provided
government
says
without
qualification
star
reporter
conceded
trial
crime
incident
report
inadvertently
included
name
posted
room
contained
signs
making
clear
names
rape
victims
matters
public
record
published
see
record
star
reporter
indicated
understood
allowed
take
information
name
supposed
take
information
police
department
thus
admission
posting
incident
report
convey
star
reporter
idea
government
considered
dissemination
lawful
suggestion
contrary
inapt
instead
florida
done
precisely
suggested
cox
broadcasting
wishing
protect
privacy
rights
rape
victims
might
respond
challenge
means
avoid
public
documentation
exposure
private
information
emphasis
added
amending
public
records
statute
exempt
rape
victims
names
disclosure
stat
forbidding
officials
release
information
stat
state
taken
virtually
every
step
imaginable
prevent
happened
case
presents
far
cry
cox
broadcasting
oklahoma
publishing
state
asked
news
media
publish
information
made
generally
available
public
state
asking
media
state
job
first
instance
unfortunately
case
illustrates
mistakes
happen
even
take
measures
avoid
disclosure
sometimes
rape
victims
names
found
see
much
ask
press
instances
respect
simple
standards
decency
refrain
publishing
victim
name
address
phone
number
second
complains
appellant
judged
strict
liability
standard
contends
newspaper
might
found
liable
florida
courts
negligence
per
se
theory
without
regard
newspaper
scienter
degree
fault
ante
short
answer
complaint
whatever
merit
argument
might
wholly
inapposite
jury
found
appellant
acted
reckless
indifference
towards
rights
others
record
standard
far
higher
gertz
standard
urges
constitutional
minimum
today
ante
proved
star
negligence
trial
actually
far
simple
negligence
concerns
damages
resting
strict
liability
mere
causation
basis
irrelevant
validity
judgment
appellee
even
taking
concerns
abstract
miss
mark
permitting
liability
negligence
per
se
theory
mean
defendants
held
liable
without
showing
negligence
rather
standard
care
set
legislature
instead
courts
says
negligence
per
se
permits
plaintiff
hold
defendant
liable
without
showing
disclosure
fact
person
private
life
reasonable
person
find
highly
offensive
ante
point
legislature
reflecting
popular
sentiment
determined
disclosure
fact
person
raped
categorically
revelation
reasonable
people
find
offensive
suggestion
florida
courts
theory
permits
liability
without
regard
whether
victim
identity
already
known
whether
made
known
facts
surely
enter
calculation
damages
case
event
none
mitigating
factors
present
whatever
force
arguments
generally
justify
ruling
case
third
faults
florida
criminal
statute
underinclusive
covers
disclosure
rape
victim
names
instrument
mass
communication
means
distribution
observes
ante
cases
struck
laws
limit
burden
press
due
underinclusiveness
involved
situations
legislature
singled
one
segment
news
media
press
adverse
treatment
see
daily
mail
restricting
newspapers
radio
television
singled
press
adverse
treatment
compared
similarly
situated
enterprises
see
minneapolis
star
tribune
minnesota
revenue
florida
law
evenhandedly
covers
instrument
mass
communication
matter
form
media
content
nature
purpose
excludes
neighborhood
gossips
cf
ante
presumably
florida
legislature
determined
neighborhood
gossips
pose
danger
intrusion
rape
victims
instrument
mass
communication
simply
put
florida
wanted
prevent
widespread
distribution
rape
victims
names
therefore
enacted
statute
tailored
almost
precisely
possible
achieving
end
moreover
underinclusiveness
analysis
underinclusive
lawsuit
star
issue
action
violating
statute
deems
underinclusive
accurately
negligent
publication
appellee
name
see
app
juris
statement
scheme
review
noted
merely
provided
standard
care
litigation
rather
whole
florida
privacy
tort
law
latter
florida
recognize
tort
publication
private
facts
thus
quite
possible
neighborhood
gossip
fears
left
scot
free
spread
news
rape
victim
identity
subjected
similar
liability
regime
appellant
taxed
myopic
focus
ignores
probability
florida
law
comprehensive
gives
credit
consequently
neither
state
dissemination
name
standard
liability
imposed
underinclusiveness
florida
tort
law
requires
setting
aside
verdict
noted
result
compelled
cases
turn
therefore
general
principles
issue
see
recommend
result
iii
issue
case
whether
information
people
thought
true
may
published
press
holding
state
interest
highest
order
permits
state
penalize
publication
truthful
information
holding
protecting
rape
victim
right
privacy
among
state
interests
highest
order
accepts
appellant
invitation
see
tr
oral
arg
obliterate
one
noteworthy
legal
inventions
century
tort
publication
private
facts
prosser
wade
schwartz
torts
ed
even
opinion
say
much
today
obliteration
follow
inevitably
conclusion
first
amendment
prohibits
wholly
private
persons
recovering
publication
fact
raped
doubt
remain
private
facts
persons
may
assume
published
newspapers
broadcast
television
course
right
privacy
absolute
even
article
widely
relied
upon
cases
vindicating
privacy
rights
warren
brandeis
right
privacy
harv
rev
recognized
right
inevitably
conflicts
public
right
know
matters
general
concern
sometimes
latter
must
trump
former
resolving
conflict
difficult
matter
fault
attempting
strike
appropriate
balance
two
rather
fault
according
little
weight
side
equation
much
strike
balance
rather
differently
writing
ninth
circuit
judge
merrill
put
view
eloquently
spirit
bill
rights
require
individuals
free
pry
unnewsworthy
private
affairs
fellowmen
view
view
fairly
defined
areas
privacy
must
protection
law
quality
life
continue
reasonably
acceptable
public
right
know
subject
reasonable
limitations
far
concerns
private
facts
individual
members
virgil
time
cert
denied
privacy
interest
maintaining
practical
obscurity
information
always
high
subject
rap
sheet
private
citizen
information
government
control
compilation
rather
record
government
privacy
interest
apex
public
interest
disclosure
nadir
suggest
decision
today
radical
departure
previously
charted
course
ruling
foreshadowed
time
hill
observed
brief
period
early
century
brandeis
view
ascendant
trend
modern
jurisprudence
eclipse
individual
right
maintain
private
truthful
information
press
wished
publish
recently
cox
broadcasting
acknowledged
possibility
first
amendment
may
prevent
state
ever
subjecting
publication
truthful
private
information
civil
liability
today
hit
bottom
slippery
slope
find
place
draw
line
higher
hillside
spot
high
enough
protect
desire
privacy
wake
horrible
personal
tragedy
public
interest
publishing
names
addresses
phone
numbers
persons
victims
crime
public
interest
immunizing
press
liability
rare
cases
state
efforts
protect
victim
privacy
failed
consequently
respectfully
dissent
second
case
trilogy
cites
oklahoma
publishing
oklahoma
county
district
see
ante
much
reliance
placed
case
discuss
degree
attention
devoted
cox
broadcasting
daily
mail
support
oklahoma
publishing
allegedly
provides
result
reasons
distinguish
cox
broadcasting
daily
mail
case
even
apt
case
oklahoma
publishing
probably
places
little
weight
middle
leg
three
concern
free
press
appropriate
concerns
balanced
rival
interests
civilized
humane
society
absolutist
view
former
leads
insensitivity
latter
evidenced
trial
florida
star
lawyer
explained
paper
blame
anguish
caused
phone
call
received
day
star
story
published
man
threatening
rape
noting
phone
call
received
home
mother
babysitting
children
hospital
relayed
threat
star
counsel
suggested
reference
threatening
phone
call
sort
blunted
fact
receive
phone
call
mother
pain
suffering
connection
phone
call
lay
mother
hands
mean
god
called
hospital
tell
threat
know
think
tragic
think
something
blame
florida
star
record
see
cape
publications
hitchner
app
loft
fuller
app
consequences
ruling
state
prevent
publication
private
facts
citizens
state
inadvertently
discloses
particularly
troubling
one
considers
extensive
powers
state
collect
information
one
recent
example
illustrates
point
boettger
loverro
police
officers
lawfully
tapped
telephone
man
suspected
bookmaking
pennsylvania
law
transcripts
conversations
intercepted
way
may
disclosed
cons
stat
another
statute
imposes
civil
liability
person
discloses
content
tapped
conversations
nonetheless
preliminary
hearing
prosecutor
inadvertently
attached
transcript
phone
conversations
document
filed
reporter
obtained
copy
transcript
due
error
paper
published
version
remarks
disclosed
telephone
tap
appeal
pennsylvania
upheld
civil
liability
award
paper
unlawful
disclosure
contents
phone
conversations
concluding
individuals
rights
privacy
outweighed
interest
public
disclosure
private
telephone
communications
boettger
supra
decision
today
suggests
ruling
pennsylvania
erroneous
light
substantial
privacy
interest
communications
though
cf
katz
strike
balance
pennsylvania
address
distinct
constitutional
questions
raised
award
punitive
damages
case
ante
consequently
either
award
troublesome
compensatory
award
discussed
cf
note
punitive
damages
libel
law
harv
rev