Texas Law Review Archives
 

Volume 71
1992-1993

Issue Number 2

 

Note:
Lyrissa C. Barnett, Intrusion and the Investigative Reporter, 71 Texas L. Rev. 433 (1992).
 

Abstract:
The author uses examples of contemporary news to argue that, in order to distinguish protected newsgathering activity from intrusion, a brighter line must be drawn between individual privacy and the press's duty to gather news. After surveying constitutional doctrine and state tort law, the author details the dangers of current doctrine to the newsgatherer and to the free flow of information that affects public welfare. As a remedy, the author advocates the adoption of a qualified common-law privilege that would permit a newsperson to employ subterfuge and other innovative reporting techniques to monitor the work-related activities of those engaged in the public business. The privilege would not, however, give the press free rein to employ subterfuge to pry into individuals' private lives.

 





 








 

Back to Volume 71 Index