THE FORLIDA STAR V. B.J.F. 491 U.S. 524, 109 S.Ct. 2603, 105 L.Ed.2d 443(1989) CASE BRIEF

THE FORLIDA STAR V. B.J.F.

491 U.S. 524, 109 S.Ct. 2603, 105 L.Ed.2d 443(1989)

NATURE OF THE CASE: This was a case involving the publishing of information about the victim in a sexual abuse case.

FACTS: The 'Police Reports' section of The Florida Star (D) published a brief article describing how B.J.F. (P) had been robbed and sexually assaulted by an unknown assailant. The name was obtained from a Sheriff's Department report that was placed in its pressroom that is unrestricted. A Florida statute makes it unlawful to 'print, publish, or broadcast . . . in any instrument of mass communication' the name of the victim of a sexual offense. P sued D and the Sheriff's Department, the later settled. At the close of the trial, the judge granted P's motion for a directed verdict on the issue of negligence, finding D negligent per se based on a violation of the statute. The appellate level affirmed. The Supreme Court of Florida denied review. D appealed to the Supreme Court.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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