It is ironic that while recent legal history records the emergence of a constitutional right to privacy, the Supreme Court, in a line of cases from New York Times to Firestone, has restricted the common law tort of privacy. The legal issues are particularly complex and admittedly difficult to reconcile when the public disclosure tort comes in conflict with first amendment privileges. Expansion of the privacy tort need not necessarily impose an unreasonable burden on the news media, provided the Supreme Court distinguishes between defamation and privacy invasion and establishes and applies to the latter wrong its own legal principles.
Giglio, Ernest D.
"Unwanted Publicity, the News Media, and the Constitution: Where Privacy Rights Compete With the First Amendment,"
Akron Law Review: Vol. 12
, Article 2.
Available at: http://ideaexchange.uakron.edu/akronlawreview/vol12/iss2/2