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.