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Thus, the question underlying the private-facts claim is whether Hogan’s sex tape is of a “legitimate public concern.” If the court concludes the publication of the video was newsworthy, the publication of private facts claim against Gawker will be dismissed. Reporters should know that courts often assess newsworthiness differently than a journalist would in deciding whether to publish an article.
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The standard to define newsworthiness and which party has the burden of proof varies state-by-state. In some states, plaintiffs bringing a publication of private facts claim must show the information disclosed was not newsworthy, but in other states, the defendant must raise newsworthiness as a defense. Some courts deem publishers to have a constitutional privilege to publish truthful information about newsworthy occurrences. Generally, courts have taken an expansive view of newsworthiness, giving deference to the news media in order to encourage speech. Some questions a court may ask in deciding newsworthiness:ĭoes the information relate to any matter of political, social, or other concern to the community? Group W Productions, Inc., the California Supreme Court wrote in 1998 that “liability for disclosure of private facts is limited ‘to the extreme case, thereby providing the breathing space needed by the press to properly exercise effective editorial judgment.’”Īlthough there is no streamlined test across the country to determine what is a legitimate public concern, various courts have opined on the subject and provided guidance for reporters. Supreme Court considered a claim of emotional distress stemming from protests at a military funeral. #JUDICIAL CONSENT SEX SCENE PROFESSIONAL#.Judicial Consent is too obvious and too conscious of its genre. As Martin, gifted character actor Coleman is wasted in an unrewarding role, while Wirth mostly acts on his handsome looks as the stranger with a “mysterious” motive. Patton, who is usually brilliant in small offbeat roles, is miscast here in the underwritten role of the bland husband we never get a sense of the kind of marriage the Warwicks have. Lawyers, particularly women, might find offensive an erotic scene under the table in Gwen’s office, reaching orgasm while negotiating an important assignment on the telephone. Dark lofts, swinging doors, empty parking lots, and so on are all nicely handled, but they’re also familiar to an audience that always seems to be ahead of the story’s characters.īedelia gives a dominating performance, but the woman she plays is too intelligent and too bright to behave in such senseless manner. Though a first-time helmer, Bindley gives his picture a smooth and polished look, displaying some mastery over the genre’s tricks– and visual cliches.
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The courtroom format relies heavily on fine-tuned dialogue and unanticipated revelations, but Bindley’s writing, specifically in the court sequences, is borderline banal and the disclosures made not particularly suspenseful. Realizing she’s been set up, Gwen begins a desperate race against time to prove her innocence. Soon, what seemed “circumstantial” evidence turns out to be a well-planned and planted case, resulting with Gwen as the prime suspect. When Gwen’s roguish colleague, Charles Matron (Dabney Coleman), “a chronic flirt,” is found dead in his office, she’s asked to preside over his murder case. Seemingly curious and sexually unfulfilled, one night she follows Martin (Billy Wirth), a sexy law clerk, into his office and a steamy affair evolves, though she knows nothing about him. Gwen Warwick (Bedelia) is a stern, accomplished criminal court judge, soon to be appointed to the Michigan State Supreme Court. As such, it’s best suited to the tube with good prospects on video. Its star, the graceful Bonnie Bedelia, does an honorable job, but the film’s “B” plot and its lack of sustained suspense make it just another generic item. Judicial Consent aspires to belong to the league of suspense thrillers about female lawyers, like Jagged Edge with Glenn Close or Cher’s vehicle, Suspect.