The media relies on the First Amendment when publishing truthful information that infringes on an individual’s right to privacy or violates a statute. The media’s First Amendment right, however, is not absolute. In Florida Star v. B.J.F., the Florida Star newspaper appealed a statutorily-imposed fine for publishing a rape victim’s name. The U.S. Supreme Court rejected the newspaper’s argument that the press is always immune from punishment when it publishes the truth. Instead, the Court held that the fine was unconstitutional, concluding that the proper analysis focused on whether restricting the publication of legally-obtained truthful information was necessary ”to further a state interest of the highest order.”
On July 18, 2003, the State of Colorado charged Kobe Bean Bryant, a world-renowned National Basketball Association (NBA) player, with rape. Due to Bryant’s international appeal, the District Court of Eagle County Colorado employed Internet technology to facilitate the media’s demand for case-related information. After Bryant’s counsel sought approval to introduce evidence relating to the victim’s past sexual acts, the court held in camera proceedings to determine the admissibility of the evidence in accordance with Colorados rape shield laws. The court clerk accidentally sent the rape shield hearing transcript, which contained explicit details of the victim’s sexual conduct before and after the encounter, to the media due to an error in the electronic list. After realizing its mistake, and while news organizations prepared stories based on the transcripts, the court issued an order enjoining the dissemination of any information contained in the rape shield transcripts. Various media organizations appealed the court’s order asserting that it violated their First Amendment rights. . . .