Texas Wesleyan Law Review
Publication Date
10-1-1995
Document Type
Comment
Abstract
Although invasion of privacy tort law has existed for more than a century in the United States,1 in Texas, this area of the law is in its infancy, tracing back only a quarter century.2 The purpose of this comment is three-fold: (1) to illustrate the origins of the four modern torts constituting invasion of privacy; (2) to examine public disclosure of embarrassing private facts ("private-facts tort"); and (3) to argue for revising the Texas private-facts tort in order to resolve its current conflict with the rights to free speech and free press. This discussion centers on recent mass media cases that conflict with the First Amendment.' Although the mass media does not have legal rights superior to any person, partnership, or corporation, this comment assumes protecting mass media interests serves to safeguard all First Amendment interests. Part I of this comment traces the origins of invasion of privacy in the United States and explores available defenses. Part II traces invasion of privacy in Texas with specific emphasis on the private-facts tort. Part III offers suggestions to Texas courts regarding invasion of privacy as it continues to evolve in Texas.
DOI
10.37419/TWLR.V2.I2.8
First Page
411
Last Page
428
Recommended Citation
Michael Sewell,
Invasion of Privacy in Texas: Public Disclosure of Embarrassing Private Facts,
2
Tex. Wesleyan L. Rev.
411
(1995).
Available at:
https://doi.org/10.37419/TWLR.V2.I2.8