FC: California court says children's privacy trumps free speech

[Declan McCullagh <declan () well com>]

A California state appeals court has released its opinion in M.G. v. Time
Warner, a case involving privacy rights and a state SLAPP law.

In the course of covering a story involving adult coaches sexually abusing 
youngsters, Sports Illustrated and HBO ran photographs of a Little League 
team. The team's manager had plead guilty to molesting five children in the 
league.

Members of the team -- 10 players and coaches -- sued Time Warner on the 
usual grounds of invasion of privacy and emotional harm. Time Warner said 
this was a SLAPP suit designed to inhibit free speech. The trial court 
disagreed with Time Warner, and now the appeals court has too, so the case 
continues.

The appeals court said that a leading Supreme Court case does not apply 
since the people in the photographs were minors. (Florida Star v. B.J.F., 
491 U.S. 524 (1989), The First Amendment prohibits imposition of liability 
for publication of rape victim's name that was legally obtained from a 
police report)

The decision is here:
http://www.courtinfo.ca.gov/opinions/documents/E027632.PDF

-Declan




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