Hastings Constitutional Law Quarterly


Merrit Jones


The privacy tort of intrusion is an increasingly popular claim against news media defendants, in part because it lacks the constitutional protections of other privacy torts and claims based on publication or broadcast. This note argues that intrusion claims thus undermine those constitutional protections. As a solution, it proposes that a plaintiff be required to show actual malice by a news media defendant in order to recover punitive damages for intrusion.