Cox Broadcasting Corp. v. Cohn case brief

Cox Broadcasting Corp. v. Cohn case brief summary
420 U.S. 469 (1975)

CASE SYNOPSIS

Appellant broadcasting company sought review of an order from the Supreme Court of Georgia, holding that the trial court erred in construing O.C.G.A. § 26-9901 (1972), a criminal statute, to extend a civil cause of action for invasion of privacy.

CASE FACTS
Appellant broadcasting company's reporter broadcasted the name of a rape victim over the air. He obtained the name of the victim through court papers. O.C.G.A. § 26-9901 (1972) made it a misdemeanor to publish or broadcast the name or identity of a rape victim. Appellee parent brought an action for money damages against appellants pursuant to this statute claiming that his right to privacy had been invaded by the television broadcasts giving the name of his deceased daughter.

ISSUE
The issue was whether consistent with U.S. Const. amendment I and XIV, a state might extend a cause of action for damages for invasion of privacy caused by the publication of the name of a deceased rape victim that was publicly revealed in connection with the prosecution of the crime.

DISCUSSION

• The Georgia Supreme Court held that the trial court had erred in construing § 26-9901 to extend a civil cause of action for invasion of privacy.
• On appeal, the court reversed the judgment of the Georgia Supreme Court. 
• The court held that the cause of action for invasion of privacy through public disclosure of the name of a rape victim imposed sanctions on pure expression, the content of a publication.

CONCLUSION
The court reversed the Georgia Supreme Court's judgment holding that the trial court erred in construing the criminal statute in question to extend a civil cause of action for invasion of privacy. The cause of action for invasion of privacy through public disclosure of the name of a rape victim imposed sanctions on pure expression.

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