Cox Broadcasting Corp. v. Cohn

Background

A 17-year-old girl was raped and died. A TV reporter covering the court hearing examined the indictments, which were open for public inspection, and broadcast the victim’s name. The girl's father sued under a Georgia criminal statute and a state privacy tort for invasion of privacy. Georgia courts debated whether the statute or common-law privacy gave the father a civil claim and whether the First and Fourteenth Amendments barred liability.

Reasoning

The central question was whether a State may punish the truthful publication of a rape victim’s name when that name appears in official court records open to the public. The Court explained that judicial records and public documents are basic data about government activity, and the press plays a key role in reporting them. Because the information was true and taken from public court records, the First and Fourteenth Amendments prevent the State from imposing civil liability for publishing it. The Court said privacy interests shrink when information is on the public record and that States should protect privacy by limiting public disclosure, not by punishing the press.

Real world impact

The decision stops Georgia (and similar state rules in practice) from using civil damages to punish truthful reporting of names that appear in official court files open to inspection. News organizations gain clearer protection when they publish material from public judicial records. The ruling does not resolve wider questions about truthful publication of private matters that are not in public records, and it leaves states the option of changing record-keeping to protect privacy.

Dissents or concurrances

Justice Powell joined the judgment but stressed his view on truth as a defense in private defamation cases. Justice Rehnquist dissented on jurisdiction, warning against expanding exceptions to final-judgment rules. Justice Douglas wrote separately endorsing broader press protections.