"Outing": News/Social Protest or Invasion of Privacy

Case Type:

 Fictionalized

Exigence:

 Pete Smith, a civilian employee of the Department of Defense, was the Department's main spokesperson during the Gulf War. In 1991, a leader in the Queer Nation organization held a press conference in which he announced that Smith was in fact a homosexual who hypocritically spoke for the Defense Department even while it was ejecting hundreds of gay and lesbian servicepeople from the ranks. Most news outlets refuse to publish the story, but the Village Voice does.

Smith sues Queer Nation and the Village Voice, claiming invasion of privacy. The trial court throws out the case, holding that the publication was protected by the First Amendment. Smith appeals.

Audience:

 You, the U.S. Supreme Court.

Possible
Constraints:

 For a fuller discussion of the case and the issues, see Paula Tompkins, "Exploring the Tension Between the First Amendment and Ethics in the Case of 'Outing'," Electronic Journal of Communication, vol. 7, No. 1.

A tort of invasion of privacy through disclosure of private facts has occured (under most laws) if there is

  1. publication
  2. highly offensive to a reasonable person
  3. of private facts
  4. not of legitimate public concern.
Possible precedents:
  • Florida Star v. B.J.F. (S&C 96)
  • NYT v. Sullivan (S&C 64)
  • Gertz v. Robert Welch (S&C 79)


Decision:

 Up to you.

Related
issues:

 Harm to individuals
Offense
Print press

Notes:

 None.

For help
with these categories.

 Copyright © 1998 Jean Goodwin. All rights reserved.
jeangoodwin@nwu.edu
Last updated 16 February 2001
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