Tortious Interference: The Limits of Common Law Liability for Newsgathering
Baron, Sandra S., Lane, Hilary & Schulz, David A.
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- 2019Jenni Rivera Enters., LLC v. Latin World Entm't Holdings, Inc. Cal. App. Ct.
- 2001Seminole Tribe v. Times Publishing Co. Fla. Dist. Ct. App.
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Abstract
Media lawyers have recently been confronted with a relatively new source of litigation: the tort of intentional interference with contractual relations, which arises out of confidentiality agreements. In this Article, the authors identify the elements of tortious interference with contracts and examine the key issues presented when this tort is applied to newsgathering. The authors then consider a potential defense based on the First Amendment. In light of the public and constitutional interests at stake, the authors conclude that the breach of a confidentiality agreement should not sustain a tortious interference claim when the press is involved in newsgathering activity.