109 S. Ct. 2603; 105 L. Ed. 2d 443; 1989 U.S. LEXIS 3120; 57 U.S.L.W. 4816; 16 Media L. Rep. 1801
Prior history
The Florida Star v. B.J.F., 530 So.2d 286 (1988) Supreme Court of Florida; Florida Star v. B.J.F., 499 So.2d 883 (1986) Fla. Dist. Court of Appeals
Holding
Florida Stat. § 794.03 is unconstitutional to the extent it makes the truthful reporting of information that was a matter of public record unlawful, as it violates the First Amendment.
Court membership
Chief Justice
William Rehnquist
Associate Justices
William J. Brennan Jr. · Byron White Thurgood Marshall · Harry Blackmun John P. Stevens · Sandra Day O'Connor Antonin Scalia · Anthony Kennedy
Case opinions
Majority
Marshall, joined by Brennan, Blackmun, Stevens, Kennedy
Concurrence
Scalia
Dissent
White, joined by Rehnquist, O'Connor
Laws applied
U.S. Const. amend. I
Florida Star v. B.J.F., 491 U.S. 524 (1989), is a United States Supreme Court case involving freedom of the press and privacy rights. After The Florida Star newspaper accidentally revealed the full name of a rape victim it got from a police report, the victim sued for damages. State law made it illegal for a publication to print a rape victim's name, and the victim was awarded damages. On appeal, the Supreme Court ruled the imposition of damages for truthfully publishing public information violates the First Amendment.
Contents
1Background
2Opinion of the Court
3See also
4References
5Further reading
6External links
Background[edit]
B.J.F. was a woman who reported to the Jacksonville Sheriff's Office that she had been robbed and sexually assaulted. The Sheriff's Office put the details of what happened, including the victim's full name, in the general crime report for the county, which is placed in its press room and made available. A trainee reporter for The Florida Star, a local newspaper in Jacksonville, Florida, copied the item verbatim. A Florida Star reporter then included the item in the October 29, 1983 issue of the paper, but erroneously included the victim's name in violation of the newspaper's internal policy not to identify rape victims.
On September 26, 1984, B.J.F. sued both the Sheriff's Office and the newspaper for violating Florida's shield law, Stat. § 794.03, which makes it unlawful to "print, publish, or broadcast... in any instrument of mass communication" the name of the victim of a sexual offense. The Sheriff's Office settled, paying the victim $2,500, but the newspaper would not. The trial court rejected the newspaper's defense that § 794.03 was unconstitutional, and the jury awarded B. J. F. $75,000 in compensatory damages and $25,000 in punitive damages.
The Florida First District Court of Appeal affirmed the trial court verdict, the Supreme Court of Florida denied discretionary review, and the United States Supreme Court granted certiorari.
Opinion of the Court[edit]
The Court decided the facts in this case were not the same as those in Cox Broadcasting Corp. v. Cohn (1975), where a television station had obtained and reported the name of a rape victim from open court records, and the Supreme Court found the law there unconstitutional. The Court decided that the law was unconstitutional, but on much narrower grounds. First, the law made no effort to punish any party who disseminated the name of a rape victim except an "instrument of mass communication" which the law did not define. This meant that the most vicious gossip who spread the details around was not subject to the law, but supposedly a newspaper was. Second, the law basically punishes a newspaper which truthfully prints information which it had legitimately obtained from a government agency.
While a newspaper could be punished for truthfully reporting facts which were not public knowledge or which it unlawfully obtained (the Court referred back to prior cases where it gave examples of material a newspaper might legally be punished for publishing, such as the dates and times of troop ship movements during war), it is unconstitutional for a government agency to impose punishment upon a newspaper for truthfully publishing information that the government had in fact released publicly.
The judgment in favor of B.J.F. was reversed and the newspaper was found not liable.
See also[edit]
List of United States Supreme Court cases
List of United States Supreme Court cases, volume 491
List of United States Supreme Court cases by the Rehnquist Court
List of United States Supreme Court cases involving the First Amendment
Google v González, C-131/12 (2014)
publication bans
Post-assault treatment of sexual assault victims
References[edit]
Further reading[edit]
McNulty, Patrick J. (2001). "The Public Disclosure of Private Facts: There Is Life after Florida Star". Drake Law Review. 50: 93..mw-parser-output cite.citation{font-style:inherit}.mw-parser-output q{quotes:"""""""'""'"}.mw-parser-output code.cs1-code{color:inherit;background:inherit;border:inherit;padding:inherit}.mw-parser-output .cs1-lock-free a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/6/65/Lock-green.svg/9px-Lock-green.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-lock-limited a,.mw-parser-output .cs1-lock-registration a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/d/d6/Lock-gray-alt-2.svg/9px-Lock-gray-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-lock-subscription a{background:url("//upload.wikimedia.org/wikipedia/commons/thumb/a/aa/Lock-red-alt-2.svg/9px-Lock-red-alt-2.svg.png")no-repeat;background-position:right .1em center}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration{color:#555}.mw-parser-output .cs1-subscription span,.mw-parser-output .cs1-registration span{border-bottom:1px dotted;cursor:help}.mw-parser-output .cs1-hidden-error{display:none;font-size:100%}.mw-parser-output .cs1-visible-error{font-size:100%}.mw-parser-output .cs1-subscription,.mw-parser-output .cs1-registration,.mw-parser-output .cs1-format{font-size:95%}.mw-parser-output .cs1-kern-left,.mw-parser-output .cs1-kern-wl-left{padding-left:0.2em}.mw-parser-output .cs1-kern-right,.mw-parser-output .cs1-kern-wl-right{padding-right:0.2em}
Rolfs, Jacqueline R. (1990). "The Florida Star v. B.J.F.: The Beginning of the End for the Tort of Public Disclosure". Wisconsin Law Review. 1990: 1107.
External links[edit]
Text of Florida Star v. B.J.F., 491 U.S. 524 (1989) is available from: CourtListenerFindlawGoogle ScholarJustiaLibrary of CongressOyez (oral argument audio)
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United States First Amendment case law
Establishment Clause
Public funding
Everson v. Board of Education (1947)
McCollum v. Board of Education (1948)
Walz v. Tax Commission of the City of New York (1970)
Lemon v. Kurtzman (1971)
Marsh v. Chambers (1983)
Mueller v. Allen (1983)
Aguilar v. Felton (1985)
Board of Education of Kiryas Joel Village School District v. Grumet (1994)
Agostini v. Felton (1997)
Mitchell v. Helms (2000)
Zelman v. Simmons-Harris (2002)
Locke v. Davey (2004)
Arizona Christian School Tuition Organization v. Winn (2011)
Public displays
Stone v. Graham (1980)
Lynch v. Donnelly (1984)
Board of Trustees of Scarsdale v. McCreary (1985)
County of Allegheny v. ACLU (1989)
McCreary County v. ACLU of Kentucky (2005)
Van Orden v. Perry (2005)
Pleasant Grove City v. Summum (2009)
School prayer
Zorach v. Clauson (1952)
Engel v. Vitale (1962)
Abington School District v. Schempp (1963)
Stone v. Graham (1980)
Wallace v. Jaffree (1985)
Lee v. Weisman (1992)
Santa Fe Independent School District v. Doe (2000)
Elk Grove Unified School District v. Newdow (2004)
Creationism
Epperson v. Arkansas (1968)
Edwards v. Aguillard (1987)
Kitzmiller v. Dover Area School District (M.D. Pa. 2005)
Legislature prayer
Marsh v. Chambers (1983)
Town of Greece v. Galloway (2014)
Other
McGowan v. Maryland (1961)
McDaniel v. Paty (1978)
Estate of Thornton v. Caldor, Inc. (1985)
Texas Monthly, Inc. v. Bullock (1989)
Hosanna-Tabor Evangelical Lutheran Church & School v. Equal Employment Opportunity Commission (2012)
Free Exercise Clause
Reynolds v. United States (1879)
Davis v. Beason (1890)
Schneider v. New Jersey (1939)
Cantwell v. Connecticut (1940)
Minersville School District v. Gobitis (1940)
Murdock v. Pennsylvania (1943)
United States v. Ballard (1944)
Braunfeld v. Brown (1961)
Torcaso v. Watkins (1961)
Sherbert v. Verner (1963)
Presbyterian Church v. Hull Church (1969)
Wisconsin v. Yoder (1972)
Harris v. McRae (1980)
Thomas v. Review Board of the Indiana Employment Security Division (1981)
United States v. Lee (1982)
Bob Jones University v. United States (1983)
Bowen v. Roy (1986)
Goldman v. Weinberger (1986)
Employment Division v. Smith (1990)
Church of Lukumi Babalu Aye v. City of Hialeah (1993)
City of Boerne v. Flores (1997)
Watchtower Society v. Village of Stratton (2002)
Cutter v. Wilkinson (2005)
Trinity Lutheran Church of Columbia, Inc. v. Comer (2017)
Masterpiece Cakeshop v. Colorado Civil Rights Commission (2018)
National Institute of Family and Life Advocates v. Becerra (2018)
Freedom of speech (portal)
Sedition and imminent danger
Alien and Sedition Acts (1798)
Masses Publishing Co. v. Patten (S.D.N.Y. 1917)
Schenck v. United States (1919)
Abrams v. United States (1919)
Gitlow v. New York (1925)
Whitney v. California (1927)
Dennis v. United States (1951)
Communist Party v. Subversive Activities Control Board (1955, 1961)
Yates v. United States (1957, clear and present danger)
Bond v. Floyd (1966)
Brandenburg v. Ohio (1969, imminent lawless action)
Hess v. Indiana (1973)
False speech
New York Times Co. v. Sullivan (1964, actual malice)
United States v. Alvarez (2012)
Susan B. Anthony List v. Driehaus (2014)
Fighting words and the heckler's veto
Cantwell v. Connecticut (1940)
Chaplinsky v. New Hampshire (1942)
Terminiello v. Chicago (1949)
Feiner v. New York (1951)
Gregory v. Chicago (1969)
National Socialist Party of America v. Village of Skokie (1977)
R.A.V. v. City of St. Paul (1992)
Snyder v. Phelps (2011)
Elonis v. United States (2015)
Freedom of assembly and public forums
Hague v. CIO (1939)
Schneider v. New Jersey (1939)
Thornhill v. Alabama (1940)
Martin v. City of Struthers (1943)
Marsh v. Alabama (1946)
Niemotko v. Maryland (1951)
Edwards v. South Carolina (1963)
Cox v. Louisiana (1965)
Brown v. Louisiana (1966)
Adderley v. Florida (1966)
Carroll v. Town of Princess Anne (1968)
Coates v. Cincinnati (1971)
Organization for a Better Austin v. Keefe (1971)
Lloyd Corp. v. Tanner (1972)
Pruneyard Shopping Center v. Robins (1980)
Hill v. Colorado (2000)
McCullen v. Coakley (2014)
Packingham v. North Carolina (2017)
Symbolic speech
Stromberg v. California (1931)
United States v. O'Brien (1968)
Cohen v. California (1971)
Smith v. Goguen (1974)
Texas v. Johnson (1989)
United States v. Eichman (1990)
Virginia v. Black (2003)
Compelled speech
Minersville School District v. Gobitis (1940)
West Virginia State Board of Education v. Barnette (1943)
Wooley v. Maynard (1977)
Agency for International Development v. Alliance for Open Society International, Inc. (2013)
National Institute of Family and Life Advocates v. Becerra (2018)
Compelled subsidy of others' speech
Abood v. Detroit Board of Education (1977)
Communications Workers of America v. Beck (1978)
Keller v. State Bar of California (1990)
Lehnert v. Ferris Faculty Ass'n (1991)
Board of Regents of the University of Wisconsin System v. Southworth (2000)
Johanns v. Livestock Marketing Association (2005)
Davenport v. Washington Education Association (2007)
Locke v. Karass (2008)
Knox v. Service Employees International Union, Local 1000 (2012)
Harris v. Quinn (2014)
Friedrichs v. California Teachers Ass'n (2016)
Janus v. AFSCME (2018)
Loyalty oaths
American Communications Association v. Douds (1950)
Garner v. Board of Public Works (1951)
Speiser v. Randall (1958)
Keyishian v. Board of Regents (1967)
Communist Party of Indiana v. Whitcomb (1974)
School speech
Minersville School District v. Gobitis (1940)
West Virginia State Board of Education v. Barnette (1943)
Tinker v. Des Moines Independent Community School District (1969, substantial disruption)
Island Trees School District v. Pico (1982)
Bethel School District v. Fraser (1986)
Hazelwood School District v. Kuhlmeier (1988)
Rosenberger v. University of Virginia (1995)
Morse v. Frederick (2007)
Obscenity
Rosen v. United States (1896)
United States v. One Book Called Ulysses (S.D.N.Y. 1933)
Roth v. United States (1957)
One, Inc. v. Olesen (1958)
Smith v. California (1959)
Marcus v. Search Warrant (1961)
MANual Enterprises v. Day (1962)
Jacobellis v. Ohio (1964)
Quantity of Books v. Kansas (1964)
Freedman v. Maryland (1965)
Ginzburg v. United States (1966)
Memoirs v. Massachusetts (1966)
Redrup v. New York (1967)
Ginsberg v. New York (1968)
Stanley v. Georgia (1969)
Cohen v. California (1971)
United States v. Thirty-seven Photographs (1971)
Kois v. Wisconsin (1972)
Miller v. California (1973)
Paris Adult Theatre I v. Slaton (1973)
United States v. 12 200-ft. Reels of Film (1973)
Jenkins v. Georgia (1974)
Erznoznik v. City of Jacksonville (1975)
Young v. American Mini Theatres (1976)
New York v. Ferber (1982)
American Booksellers v. Hudnut (7th Cir., 1985)
Renton v. Playtime Theatres, Inc. (1986)
People v. Freeman (Cal. 1988)
Osborne v. Ohio (1990)
United States v. X-Citement Video (1994)
Reno v. American Civil Liberties Union (1997)
United States v. Playboy Entertainment Group (2000)
Ashcroft v. Free Speech Coalition (2002)
Ashcroft v. American Civil Liberties Union (2002)
Nitke v. Gonzales (S.D.N.Y., 2005)
United States v. Williams (2008)
Federal Communications Commission v. Fox Television Stations (2012)
American Booksellers Foundation for Free Expression v. Strickland (6th Cir., 2009)
United States v. Kilbride (9th Cir., 2009)
United States v. Stevens (2010)
Brown v. Entertainment Merchants Association (2011)
Public employees
Pickering v. Board of Education (1968)
Perry v. Sindermann (1972)
Board of Regents of State Colleges v. Roth (1972)
Mt. Healthy City School District Board of Education v. Doyle (1977)
Givhan v. Western Line Consolidated School District (1979)
Connick v. Myers (1983)
Rankin v. McPherson (1987)
Waters v. Churchill (1994)
Garcetti v. Ceballos (2006)
Borough of Duryea v. Guarnieri (2011)
Heffernan v. City of Paterson (2016)
Hatch Act and similar laws
Ex parte Curtis (1882)
United Public Workers v. Mitchell (1947)
United States Civil Service Commission v. National Association of Letter Carriers (1973)
Broadrick v. Oklahoma (1973)
Licensing and restriction of speech
Mutual Film Corporation v. Industrial Commission of Ohio (1915)
Joseph Burstyn, Inc. v. Wilson (1952)
NAACP v. Button (1963)
Freedman v. Maryland (1965)
Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976)
Hoffman Estates v. The Flipside, Hoffman Estates, Inc. (1982)
Walker v. Texas Division, Sons of Confederate Veterans (2015)
Matal v. Tam (2017)
Commercial speech
Valentine v. Chrestensen (1942)
Rowan v. U.S. Post Office Dept. (1970)
Pittsburgh Press Co. v. Pittsburgh Commission on Human Relations (1973)
Bigelow v. Commonwealth of Virginia (1974)
Virginia State Pharmacy Board v. Virginia Citizens Consumer Council (1976)
Bates v. State Bar of Arizona (1977)
Linmark Associates, Inc. v. Willingboro (1977)
Central Hudson Gas & Electric Corp. v. Public Service Commission (1980)
Consol. Edison Co. v. Public Serv. Comm'n (1980)
Zauderer v. Office of Disciplinary Counsel of Supreme Court of Ohio (1985)
Pacific Gas & Electric Co. v. Public Utilities Commission of California (1986)
Posadas de Puerto Rico Associates v. Tourism Company of Puerto Rico (1986)
San Francisco Arts & Athletics, Inc. v. United States Olympic Committee (1987)
44 Liquormart, Inc. v. Rhode Island (1996)
Sorrell v. IMS Health Inc. (2011)
Campaign finance and political speech
Buckley v. Valeo (1976)
First National Bank of Boston v. Bellotti (1978)
Citizens Against Rent Control v. City of Berkeley (1981)
Brown v. Socialist Workers '74 Campaign Committee (1982)
Regan v. Taxation with Representation of Washington (1983)
FEC v. Massachusetts Citizens for Life (1986)
Austin v. Michigan Chamber of Commerce (1990)
McIntyre v. Ohio Elections Commission (1995)
Colorado Republican Federal Campaign Committee v. FEC (1996)
Nixon v. Shrink Missouri Government PAC (2000)
Republican Party of Minnesota v. White (2002)
McConnell v. FEC (2003)
Randall v. Sorrell (2006)
FEC v. Wisconsin Right to Life, Inc. (2007)
Davis v. FEC (2008)
Citizens United v. FEC (2010)
McComish v. Bennett (2011)
American Tradition Partnership v. Bullock (2012)
McCutcheon v. Federal Election Commission (2014)
Williams-Yulee v. The Florida Bar (2015)
Freedom of the press
Prior restraints and censorship
Near v. Minnesota (1931)
Lovell v. City of Griffin (1938)
Hannegan v. Esquire, Inc. (1946)
New York Times Co. v. United States (1971)
Miami Herald Publishing Co. v. Tornillo (1974)
Nebraska Press Ass'n v. Stuart (1976)
Landmark Communications, Inc. v. Virginia (1978)
Tory v. Cochran (2005)
Privacy
Time, Inc. v. Hill (1967)
Cox Broadcasting Corp. v. Cohn (1975)
Florida Star v. B. J. F. (1989)
Taxation and privileges
Grosjean v. American Press Co. (1936)
Branzburg v. Hayes (1972)
Minneapolis Star Tribune Co. v. Commissioner (1983)
Defamation
Beauharnais v. Illinois (1952)
New York Times Co. v. Sullivan (1964)
Curtis Publishing Co. v. Butts (1967)
Greenbelt Cooperative Publishing Ass'n, Inc. v. Bresler (1970)
Gertz v. Robert Welch, Inc. (1974)
Time, Inc. v. Firestone (1976)
Bose Corp. v. Consumers Union of United States, Inc. (1984)
Dun & Bradstreet, Inc. v. Greenmoss Builders, Inc. (1985)
McDonald v. Smith (1985)
Hustler Magazine v. Falwell (1988)
Harte-Hanks Communications, Inc. v. Connaughton (1989)
Milkovich v. Lorain Journal Co. (1990)
Obsidian Finance Group, LLC v. Cox (9th Cir., 2014)
Broadcast media
Red Lion Broadcasting Co. v. FCC (1969)
FCC v. Pacifica Foundation (1978)
Turner Broadcasting System, Inc. v. FCC (1994)
Bartnicki v. Vopper (2001)
Copyrighted materials
Zacchini v. Scripps-Howard Broadcasting Co. (1977)
Harper & Row v. Nation Enterprises (1985)
Freedom of association
Joint Anti-Fascist Refugee Committee v. McGrath (1951)
Watkins v. United States (1957)
NAACP v. Alabama (1958)
NAACP v. Button (1963)
Baggett v. Bullitt (1964)
In re Primus (1978)
Roberts v. United States Jaycees (1984)
Hurley v. Irish-American Gay, Lesbian, & Bisexual Group of Boston (1995)
Boy Scouts of America v. Dale (2000)
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Danny Elfman From Wikipedia, the free encyclopedia Jump to navigation Jump to search Danny Elfman Elfman at the 2010 San Diego Comic-Con Born Daniel Robert Elfman ( 1953-05-29 ) May 29, 1953 (age 65) Los Angeles, California, U.S. Spouse(s) Bridget Fonda ( m. 2003) Children 1 Musical career Genres Rock [1] ska [2] new wave film music video game music Occupation(s) Composer, singer, songwriter, record producer Instruments Trombone guitar percussion vocals keyboards [3] Years active 1972–present Associated acts Oingo Boingo James Newton Howard Daniel Robert Elfman (born May 29, 1953) is an American composer, singer, songwriter, and record producer. Elfman first became known for being the lead singer and songwriter for the band Oingo Boingo from 1974 to 1995. He is well known for scoring films and television shows, particularly his frequent collabora...
Unincorporated community in Oklahoma, United States Lugert, Oklahoma Unincorporated community Foundations from the town of Lugert at the bottom of Lake Altus-Lugert Lugert, Oklahoma Location within the state of Oklahoma Coordinates: 34°53′45″N 99°16′31″W / 34.89583°N 99.27528°W / 34.89583; -99.27528 Coordinates: 34°53′45″N 99°16′31″W / 34.89583°N 99.27528°W / 34.89583; -99.27528 Country United States State Oklahoma County Kiowa Time zone UTC-6 (Central (CST)) • Summer (DST) UTC-5 (CDT) GNIS feature ID 1100597 Lugert is an unincorporated community in Kiowa County, Oklahoma. [1] The town of Lugert was founded in 1901 on 80 acres (320,000 m 2 ). In the town, there was a general store that housed the Post office and sold dry goods, school supplies, groceries, harnesses, axes and much more. It was named for Frank Lugert, who had moved to the area in 1898. Lugert owned land where the town was sited and also owned the general st...