Torts Keyed to Epstein
Cox Broadcasting Corp. v. Cohn
Facts
Plaintiff brought suit in Georgia, based on Ga. Code Ann Section:26-9901, which made it a crime to publish or broadcast the name or identity of a rape victim, and claimed that his right to privacy had been invaded. Cox admitted to the broadcasting, but claimed their actions were privileged under state law and the First and Fourteenth Amendments. The trial court rejected Cox’s claims and held that the Georgia statute allowed for a civil remedy to those injured by its violation. The Supreme Court of Georgia held that the trial court erred in allowing the Georgia statute to give a civil cause of action, and thus did not consider the constitutionality of the statute. The court ruled that the complaint also stated a cause of action for invasion of privacy, but that liability did not flow as a matter of law and summary judgment would be improper. After retrial, and appeal, the court then found that the identity of the rape victim did not rise to the level of public interest that would affo rd Defendant constitutional protection.
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