THE PRIVACY RIGHTS OF RAPE VICTIMS IN THE MEDIA AND THE LAW - PERSPECTIVES ON DISCLOSING RAPE VICTIMS NAMES

In this Essay, Professor Denno examines the century-long conflict betw een an individual's right to privacy and the freedom of the press in t he context of the media's disclosure of rape victims' names. Part I br iefly reviews the United States Supreme Court's primary rulings on thi s topic, explaining that the Court has generally protected the freedom of the press under the First Amendment. Part I emphasizes, however, t hat the Court has left available an opportunity for a contrary interpr etation under certain circumstances in Florida Star v. B.J.F., the Cou rt's last ruling concerning the disclosure of rape victims' names. Par t II discusses some of the major arguments for and against disclosing rape victims' names. For example, while proponents of disclosure insis t that withholding the victims' names increases the stigma attached to rape, opponents claim that this very stigma justifies why rape and it s victims should be treated differently. This Essay concludes by raisi ng pertinent questions, unanswered by past cases, that may provide add itional considerations for the future. Lastly, the Essay introduces co mmentary on this topic by Michael Gartner, Linda Fairstein, and Helen Benedict.