"FCC v. Pacifica Foundation," a 1978 case involving a radio broadcast considered to be indecent, was the first United States Supreme Court litigation using the right of privacy, or the right not to hear, as a rationale for broadcast regulation of programing. The issue of pornography best illustrates the judiciary's understanding of the…

Noting that while much has been said about privacy and the defense of newsworthiness in legal cases involving the unauthorized publication of true but embarrassing facts, this paper points out that there appear to be only three broadly distinguishable--and largely disparate--theories of privacy and newsworthiness, none of them in circulation long…

Because of judicial indifference and legislative inaction, the conflict between the right of privacy and the freedom of the press is no closer to a resolution than it was a century ago. William Prosser's reduction of the common law of privacy into four separate torts has not solved the problem. The concept of "newsworthiness" has not been helpful…

In the 1978 "FCC v. Pacifica Foundation" ruling, the United States Supreme Court considered the authority of the Federal Communications Commission (FCC) to regulate indecent radio programing, finding that the public has a constitutionally protected interest in being protected against objectionable programing. The FCC suit, arising out of…