McNamara v. Freedom Newspapers, Inc.
Texas Court of Appeals
802 S.W. 901 (1991)
Relevant factsFree
Freedom Newspapers, Inc. (defendant) published a game photo of high-school soccer player Larry McNamara (plaintiff) running at full stride, not realizing until later that the image inadvertently exposed McNamara's genitals. McNamara sued for invasion of privacy based on publication of a true, private fact, arguing the newspaper could have chosen a different photo from the many it had taken. The trial court entered judgment for the newspaper, and McNamara appealed.
IssueFree
Whether a newspaper that publishes a media photograph accurately depicting a public, newsworthy event is immune from invasion-of-privacy liability under the First Amendment.