Legal Question in Constitutional Law in California

Re: freedom of press

Freedom of the press does not mean that the press can harm people in ways the law generally forbids. All individuals, including celebrities, can sue for defamation of character, invasion of privacy, and a variety of other wrongs that can be committed in the pages of a magazine or newspaper, or in other media.

Unlike most of us, celebrities and other public figures have to prove actual malice in order to win a lawsuit over such actions. This additional burden of proof is imposed on them so that the press does not need to worry about being held liable for responsible reporting that the celebrity later claims was inaccurate.

There are few reasons to permit the press to maliciously smear anyone, including celebreities, when the rest of us are forbidden to do so.

Keep in mind also that celebrities often lose these cases.