First Amendment Handbook [Back to contents page] [RCFP Home Page]

Prior Restraints: Privacy

Private individuals occasionally try to convince reporters to refrain from publishing information that might be embarrassing. Sometimes these people have sought court orders barring publication. In one celebrated case, Frank Sinatra sought a restraining order to stop author Kitty Kelley from conducting interviews and publishing her "unauthorized" biography of him. He later withdrew his suit.¹⁰

Generally, courts are reluctant to issue prior restraint orders, particularly when the justification for them is merely that the material might be libelous or invade someone's privacy.¹¹

In December 1994, the U.S. District Court in New York City lifted a temporary restraining order issued two days earlier and denied a request by Paula Jones, who had accused President Bill Clinton of sexual harassment, for a preliminary injunction against Penthouse magazine, which printed nude pictures of her in its January 1995 issue. The court ruled that the photographs had a relationship to an editorial questioning her credibility, and that the matter was in the public interest.¹²

Notes

10. Sinatra v. Kelley, No. WECO 82-657 (Cal. Sup.Ct., filed Sept. 21, 1983).

11. In re Providence Journal, 820 F.2d 1342 (1st Cir. 1986), cert. denied, 485 U.S. 693 (1988); see also, Schlessinger v. Internet Entertainment Group, No. 98-8627 AHM, (Cal. Dist. Ct. W. Div. 1998) (Web site owner not restrained from publishing nude photos of syndicated radio therapist because the pictures had been viewed about 14,000 times on the site and it would be impossible to order a recall).

12. Jones v. Turner, 23 Media L. Rep. 1122 (S.D.N.Y. 1994). But see Pitt v. Playgirl Inc., BC 178 503 (Cal. Sup. Ct. La. Co. 1997) (ordering Playgirl magazine to discontinue distribution of its magazine containing nude photos of actor Brad Pitt).

Next section: Prior Restraints: Information in the public sphere