Florida Star V. B. F. Case Analysis

The Florida Star v. B.J.F. established important answers regarding when it is acceptable for newspapers to publish sensitive information. Even today, law enforcement agencies and courts have struggled balancing victim’s rights and reporter’s rights. In some cases, courts have gone to extensive lengths to protect victims throughout a trial (Babcock and Freivogel, 2015.) The question then comes to play, when is it acceptable to publish sensitive information, such as a rape victim’s name? Or where is the line of rights between the two entities? Or are laws barring that type of information to be published even legal? According to Cox Broadcasting Corporation v. Cohn, Smith v. Daily Mail Publishing Company and The Florida Star v. B.J.F., sensitive information obtained legally is fair to publish (Hemmer, 2000.) However, in some cases, the revelation of that information could cause harm to a victim or sway a jury. In that case, should the law be required to provide, for example, security or protection for the victim? …show more content…
The issue then falls not on legality but on ethicality. While something may be legally acceptable to publish, it may be considered ethically wrong. The decision to publish is then out of the court’s hands and in the newspaper’s hands. This is true for The Florida Star v. B.J.F. While the court did not deem the publishing of B.J.F.’s name illegal, as § 794.03 failed to apply to the case, it can be viewed as ethically wrong. For this case, the investigation was ongoing and the rapist was still at large. By publishing her name, The Florida Star could have endangered B.J.F.’s life (Babcock and Freivogel,