read the following excerpt from Cox Broadcasting Corp. v. Cohn, then select the best answer:…
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read the following excerpt from Cox Broadcasting Corp. v. Cohn, then select the best answer:
These are impressive credentials for a right of privacy, 17 but we should recognize that we do not have at issue here an action for the invasion of privacy involving the appropriation of one’s name or photograph, a physical or other tangible intrusion into a private area, or a publication of otherwise private information that is also false although perhaps not defamatory. The version of the privacy tort now before us – termed in Georgia “the tort of public disclosure.” 231 Ga., at 60, 200 S. E. 2d, at 130 – is that in which the plaintiff claims the right to be free from unwanted publicity about his private affairs, which, although wholly true, would be offensive to a person of ordinary sensibilities. Because the gravamen [essence] of the claimed injury is the publication of information, whether true or not, the dissemination of which is embarrassing or otherwise painful to an individual, it is here that claims of privacy most directly confront the constitutional freedoms of speech and press. The face-off is apparent, and the appellants urge upon us the broad holding that the press may not be made criminally or civilly liable for publishing information that is neither false nor misleading but absolutely accurate, however damaging it may be to reputation or individual sensibilities.
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According to the Georgia law in question, ‘the tort of public disclosure” allows a privacy suit without requiring a basis of appropriation of a name or image, any form of tangible intrusion, or the publication of false but not defamatory information.
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According to the Georgia law in question, “the tort of public disclosure” allows injury to be claimed as a result of the publication of information which is merely embarrassing or otherwise painful.
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When claims of privacy directly confront the constitutional freedoms of speech and press, the First Amendment guarantees that the press may not be held civilly or criminally liable for publishing information that is neither false nor misleading but absolutely accurate, however damaging it may be to reputation or individual sensibilities.
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All of the above