This Comment focuses instead on the subtle reemergence of the private facts tort in factual scenarios Warren and Brandeis most likely could not foresee one hundred years ago. Part II of the Comment briefly describes the development of the private facts tort. Part III examines the inevitable conflict between the private facts tort and the First Amendment, and common law attempts to reconcile that conflict through variations of the "newsworthiness" defense. Part IV focuses on the resurrection of the private facts tort in recent case law, due to judicial limitation of the newsworthiness defense. Finally, after examining the problems associated with the fragmented case law, Part V proposes a new standard for determining newsworthiness-a standard that considers the social use of the information, the extent of prying into private lives for the information, and most importantly, the private or public status of the victim.
The Tort that Refuses to Go Away: The Subtle Reemergence of Public Disclosure of Private Facts,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol36/iss2/6