Americans expect that constitutionally guaranteed rights, including specific privacy rights such as the right to be free from libel, defamation, or illegal searches and seizures, will be both respected and protected by law. At issue in this brief essay is an analysis of the privacy expectations of Americans, the responsibilities of the mass media with respect to privacy rights, and the importance of the free press in many different settings.
There are three general types of privacy, bodily or physical privacy, mental or communicational privacy, and informational privacy (Applegate, 2007). Many individuals find themselves thrust into the public eye either voluntarily or involuntarily. When this occurs, the press is present and in all likelihood will write about or videotape the individuals even if they wish otherwise. Regardless of whether or not an individual who is in the public eye wishes to remain private, the First Amendment to the U.S. Constitution guarantees that a free press has the right to report accurately and fairly on any and all items that can be considered newsworthy (Willis, 2007). Privacy rights do not provide refuge for celebrities or other well known individuals when they are in public. Consequently, the paparazzi and the tabloid reporters have become extremely aggressive in recent years with regard to capturing information about this class of individuals that may be considered private. Citizens expect that the press will respect their privacy by refraining from intrusive reporting, but in reality, celebrity status seems to make an individual "fair game" in mass media driven society (Applegate, 2007).
The reporting interests of the media may conflict with privacy rights in any number of instances. The First Amendment guaranteeing a free press seems to be at odds with the Sixth Amendment, which guarantees an accused person a fair trial by an impartial jury (Applegate, 2007). Public trials are for...