Cox Broadcasting vs. Cohn

http://scholar.google.com/scholar_case?case=7693360934058091897&hl=en&as_sdt=2&as_vis=1&oi=scholarr

Facts of Case:

In August 1971, the 17 year old daughter of Martin Cohn was the victim of rape. She did not survive the incident and six
young men were indicted for murder and rape. Since this was such an unfortunate event, there are a substantial amount of press coverage surrounding the crime and trial. Although there was a large amount of press coverage, the name of the
victim was not disclosed due to the Georgia statute that says it is a crime to publish or broadcast the name of a rape victim. Eight months after the actual crime was committed, the six young men appeared in court.  Since the charge for murder was dropped, five of the six pleaded guilty to rape or attempted rape. The pleas were accepted by
the court and the trial of the other young man pleading not guilty was set for another time.

During the time of the trial, a
reporter who worked for WSB-TV, a television station owned by Cox Broadcasting,
was given access to indictments for the case which had the victim’s name in
them. Since the indictments were considered public record, the reporter aired
the victim’s identity in a broadcast news report later that day. The report
containing the name was also aired several times after the initial
broadcasting.

In May 1972, Martin Cohn, the father of the rape victim, sued Cox Broadcasting for damages for his right to
privacy being violated due to the announcement of his daughter’s identity. Cox Broadcasting admitted to airing the name, but said they had to that privilege under state laws and the First and Fourteenth Amendments.

The case was appealed to the Georgia Supreme Court were they rejected Cox Broadcasting’s claim of the victim’s identity being of public interest and therefore could be published.

2. Legal Issue:

The legal issue in the case in whether a State may have laws that allow individuals to sue for damages for invasion of
privacy caused by the publication of the name of a deceased rape victim which was
revealed during the time of prosecution for the crime.

3. Decision:

The Supreme Court voted 8-1 in favor of Cox Broadcasting, reversing the judgment of the Georgia Supreme Court.

4. Analysis:

The reasoning behind the Supreme Court’s decision is that once information is published in public court documents and
open to public inspection, the press cannot be punished for publishing it. They said that it is the media’s job to report of the activities of the government, which includes court cases. By publishing the victim’s name the media was doing
its job as acting as a watchdog for the public.

Questions:

  1. In your opinion, do you think that Cox Broadcasting was ethically correct in publishing the rape victim’s identity?
  2. If this case happened today, do you think the outcome would be the same?
  3. Do you agree with the Supreme Court when it said that the media was doing its job by disclosing the victim’s name? Could the media have made the public aware and done its job without disclosing the name of the victim?