Rights to privacy?

cheerleader59

New Member
Jurisdiction
Colorado
I was recently involved in a car accident and it was reported in the local newspaper the day of. My name was written in the article, along with my age (I am a minor) and a description of my vehicle. I don't know how this person received my name or any descriptions of the incident. My family politely asked them to disable the comments on the article as I was receiving negative comments. The editor removed the comments and my name. The next day, the person who wrote the original article posted another article again stating my name, age, and a description of my car. I was found not at fault in this accident, but the police report has not been released yet so no one knows the actual facts of the accident or that I was found not at fault. I have been receiving negative attention from my peers and other people from the community. Is it legal for the writer of this article to release my name to the public if the police report hasn't been filed? Or finished for that matter? I don't know how the author even got this information.
 
Yes, it is. While many news media, as a courtesy, withhold the names of minors they are not required to by law.

Go back to Civics class and read up on the First Amendment.
 
Unfortunately it is probably not unlawful for the article writer to have published the article using your name. In general the press is not required by law to refrain from posting the name of a juvenile. The press uses reasonable discretion. What makes this issue odd is that the editor decided to comply yet this writer created another article, possibly for the purpose of posting your name. I'm going to refrain from saying there is no remedy as a tort claim called "intent to cause emotional distress" could apply, although it isn't an easy lawsuit to win. As to how and why the second article appears, that is a good question you may wish to get answered by the editor.

The Constitution of the U.S. gives great leeway to the press to publish information, especially when obtained in a lawful manner. This includes the names of juveniles. There are state and federal laws which prevent disclosures of the identities of both juveniles and adults but they usually limit the judiciary and government agencies (such as the police) from disclosing names. If the author of the article used unlawful means of obtaining your name, that would be a different situation from lawfully obtaining your name. For example, even if there was a judicial seal on the case proceedings, it is possible that people who were in the vicinity of the accident may have known you were involved and shared information.
 
Unfortunately it is probably not unlawful for the article writer to have published the article using your name. In general the press is not required by law to refrain from posting the name of a juvenile. The press uses reasonable discretion. What makes this issue odd is that the editor decided to comply yet this writer created another article, possibly for the purpose of posting your name. I'm going to refrain from saying there is no remedy as a tort claim called "intent to cause emotional distress" could apply, although it isn't an easy lawsuit to win. As to how and why the second article appears, that is a good question you may wish to get answered by the editor.

The Constitution of the U.S. gives great leeway to the press to publish information, especially when obtained in a lawful manner. This includes the names of juveniles. There are state and federal laws which prevent disclosures of the identities of both juveniles and adults but they usually limit the judiciary and government agencies (such as the police) from disclosing names. If the author of the article used unlawful means of obtaining your name, that would be a different situation from lawfully obtaining your name. For example, even if there was a judicial seal on the case proceedings, it is possible that people who were in the vicinity of the accident may have known you were involved and shared information.

I know for a fact that no witnesses/ people in the vicinity of the accident know my name, as I didn't know anyone there and no one knew me. The only way I can imagine he obtained my name was by contacting the policemen that responded to and dealt with the accident. If that was the case, why would a policemen give my name out to the reporter? And I agree with the possibility of the writer creating this new article for the specific purpose of using my name.
 
why would a policemen give my name out to the reporter?

Law enforcement agencies often liaise with the press and TV/Radio to provide up to the minute information about what's going on around town. There is nothing private about the news of your accident and it's possible that the press and TV/Radio gets the information in advance of published police reports.
 
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