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In most states truthful public disclosure of private facts' concerning an individual constitutes a tort if the disclosure would be highly offensive to a reasonable person and if the disclosed subject matter is "not of legitimate concern to the public. ' 2 If the disclosed subject matter is of legitimate public concern, however, the newsworthiness privilege immunizes the disclosure. 3 The newsworthiness defense has been established in the case law for over thirty-five years,4 and a decade ago the Supreme Court decided Time, Inc. v. Hill5 with an opinion that has been widely interpreted as ruling that newsworthiness as a limitation on privacy suits is mandated by the first amendment's guarantee of freedom

First Amendment Limitations on Public Disclosure Actions