Florida Star v. B.J.F.

491 U.S. 524 (1989)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

On October 20, 1983, appellee B.J.F. reported to the Sheriff's Department (the Department) that she had been robbed and sexually assaulted by an unknown assailant. The Department prepared a report on the incident which identified B.J.F. by her full name. The Department then placed the report in its pressroom. The Department does not restrict access either to the pressroom or to the reports made available therein. A Florida Star reporter-trainee sent to the pressroom copied the police report verbatim, including B.J.F.'s full name, on a blank duplicate of the Department's forms. A Florida Star reporter then prepared a one-paragraph article about the crime, derived entirely from the trainee's copy of the police report. The article included B.J.F.'s full name. B.J.F. filed suit alleging that these parties negligently violated § 794.03. Before trial, the Department settled with B.J.F. for $2,500. The Florida Star moved to dismiss, claiming, inter alia, that imposing civil sanctions on the newspaper pursuant to § 794.03 violated the First Amendment. The trial judge rejected the motion. At the close of trial, The Florida Star moved for a directed verdict. It was denied. The judge ruled from the bench that § 794.03 was constitutional because it reflected a proper balance between the First Amendment and privacy rights, as it applied only to a narrow set of 'rather sensitive . . . criminal offenses.' The judge instructed the jury that it could award B.J.F. punitive damages if it found that the newspaper had 'acted with reckless indifference to the rights of others.' The jury awarded B.J.F. $75,000 in compensatory damages and $25,000 in punitive damages. The judge set off B.J.F.'s settlement with the Department. The Court of Appeal affirmed. The Supreme Court of Florida denied discretionary review.