Background
What is 1989?
The type of court this case was held in
What is the U.S. Supreme Court?
Legal Information Institute. (n.d.). The Florida Star, appellant v. B.J.F. Legal Information Institute. Retrieved July 23, 2022, from https://www.law.cornell.edu/supremecourt/text/491/524
The Court ruled in favor
What is Florida Star's First Amendment rights 6-3
"Florida Star v. B. J. F." Oyez, www.oyez.org/cases/1988/87-329. Accessed 23 Jul. 2022.
First Amendment
This ruling is imporant because
If a newspaper lawfully obtains truthful information about a matter of public significance then state officials may not punish publication of the information constitutionally.
The Florida Star v. B.J.F. Casebriefs The Florida Star v BJF Comments. (n.d.). Retrieved August 10, 2022, from https://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-cohen/governmental-control-of-the-content-of-expression/the-florida-star-v-b-j-f/
The Florida Star published
What is a sexual assault victim's name, B.J.F., in the "Police Report" section of their newspaper. This violated the Florida Star's internal policy and B.J.F.'s right to privacy.
The facet(s) of communication law this case handles
What is privacy
Legal Information Institute. (n.d.). The Florida Star, appellant v. B.J.F. Legal Information Institute. Retrieved July 23, 2022, from https://www.law.cornell.edu/supremecourt/text/491/524
The Supreme Court held
What is the First Amendment precluded a newspaper from being held liable for publishing a rape victim's name
"Florida Star v. B. J. F." Oyez, www.oyez.org/cases/1988/87-329. Accessed 23 Jul. 2022.
Precedent
What is a prior reported opinion of an appeals court which establishes the legal rule in the future on the same legal question decided in the prior judgment.
Important concurrence
What is it is enough to determine whether the speech is truthful. No other analysis is required.
The Florida Star v. B.J.F. Casebriefs The Florida Star v BJF Comments. (n.d.). Retrieved August 10, 2022, from https://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-cohen/governmental-control-of-the-content-of-expression/the-florida-star-v-b-j-f/
A Star-reporter trainee was able to obtain the police report that B.J.F. created with the Sherriff's Department because
The precedent this case set
What is if information was lawfully obtained and truthful, then the information is able to be legally released.
Legal Information Institute. (n.d.). The Florida Star, appellant v. B.J.F. Legal Information Institute. Retrieved July 23, 2022, from https://www.law.cornell.edu/supremecourt/text/491/524
Justin Byron. R. White wrote
A dissent, expressing that the majority's decision departs from the past precedent.He also rejected the majority's assertion that the Florida law was under-inlcusive.
"Florida Star v. B. J. F." Oyez, www.oyez.org/cases/1988/87-329. Accessed 23 Jul. 2022.
Supreme Court
What is the highest court in the United States which has the power to ultimately decide constitutional questions and other appeals by jurisdiction granted by the Constitution.
True or False:
The law can justify a restriction of truthful speech because it is the same as gossip.
What is false
The law can't justify a restriction of truthful speech because it is different than gossip, which can be restricted by law.
The Florida Star v. B.J.F. Casebriefs The Florida Star v BJF Comments. (n.d.). Retrieved August 10, 2022, from https://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-cohen/governmental-control-of-the-content-of-expression/the-florida-star-v-b-j-f/
True or False: It was unlawful for the Star to have received the information (and B.J.F.'s name) from the report
It was not unlawful because the report contained "a matter of public significance" a.k.a the commission and investigation of a violent crime that had been reported to the authorities.
A possible caveat to the precedent set by this case
What is a victim's privacy interests outweighing a newspaper's First Amendment rights.
Legal Information Institute. (n.d.). The Florida Star, appellant v. B.J.F. Legal Information Institute. Retrieved July 23, 2022, from https://www.law.cornell.edu/supremecourt/text/491/524
The Majority Opinion was delivered by
Who is Thurgood Marshall
"Florida Star v. B. J. F." Oyez, www.oyez.org/cases/1988/87-329. Accessed 23 Jul. 2022.
Privacy
What is the right to be free of unnecessary public scrutiny or to be let alone.
True or False:
A rape victim's identity is highly significant and there is enough to convince the Court that there is a need to punish media for accidentally publish the names of victims.
What is false
In the case of the Florida Star v. B.J.F., there is not enough to convince the Court to punish the media for accidentally publishing the names of victims.
The Florida Star v. B.J.F. Casebriefs The Florida Star v BJF Comments. (n.d.). Retrieved August 10, 2022, from https://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-cohen/governmental-control-of-the-content-of-expression/the-florida-star-v-b-j-f/
True or False: The Department upheld its obligation to publish B.J.F.'s name because it was essential to name her
What is False
They did not have to publish her name in the report and proceed to post it in a non-restricted press room.
The Justice that wrote a concurrence
Who is Antonin Scalia
Antonin Scalia wrote a concurrence stating that the Florida statute was invalid because it did not protect a state interest of the highest order, a.k.a. B.J.F.'s name and privacy.
Legal Information Institute. (n.d.). The Florida Star, appellant v. B.J.F. Legal Information Institute. Retrieved July 23, 2022, from https://www.law.cornell.edu/supremecourt/text/491/524
The Court also held
What is the Florida Law prohibiting the printing of a victim's identity was under-inclusive because it did not prohibit the spread of the victim's name by other means.
"Florida Star v. B. J. F." Oyez, www.oyez.org/cases/1988/87-329. Accessed 23 Jul. 2022.
Dissenting Opinion
What is the opinion of a judge of a court of appeals, including the U.S. Supreme Court, which disagrees with the majority opinion.
Three considerations that must be made to make the standard adequate
What is the newspaper must lawfully obtain the information; it doesn't advance the interests of the state to punish the press for information (that is already public); self-censorship by the state when punishing media for publishing truthful information
The Florida Star v. B.J.F. Casebriefs The Florida Star v BJF Comments. (n.d.). Retrieved August 10, 2022, from https://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-cohen/governmental-control-of-the-content-of-expression/the-florida-star-v-b-j-f/