Posted: June 20th, 2017

While walking down the hallway at his high school, a reporter for the Student Times newspaper sees and picks up an unmarked folder that is lying on floor. Upon opening it he learns that it is a medical record — dated yesterday — for one of his classmates, the student government president, which must have been accidentally dropped by a school official. The record reveals that the student has been diagnosed with bacterial meningitis, a contagious disease that, if left untreated, can cause brain damage and, in rare cases, prove fatal. There is a sticky pad attached to the records that says, “Student’s mom insists we keep this quiet!” Given the fact that this student has had contact with large numbers of students through his activities as student government president, the reporter thinks he should write a story to alert the student body of the danger. Which of the following statements are true?

While walking down the hallway at his high school, a reporter for
the Student Times newspaper sees and picks up an unmarked folder
that is lying on floor. Upon opening it he learns that it is a medical
record — dated yesterday — for one of his classmates, the student
government president, which must have been accidentally dropped
by a school official. The record reveals that the student has been
diagnosed with bacterial meningitis, a contagious disease that, if left
untreated, can cause brain damage and, in rare cases, prove fatal.
There is a sticky pad attached to the records that says, “Student’s
mom insists we keep this quiet!” Given the fact that this student has
had contact with large numbers of students through his activities as
student government president, the reporter thinks he should write a
story to alert the student body of the danger. Which of the following
statements are true?
a. Truth is an absolute defense to an invasion of privacy claim.
Assuming the medical record is genuine and the information it
contains is accurate, the Student Times cannot be successfully sued
for invasion of privacy if he publishes a story naming the student.
b. The public — particularly those individuals who might have come in
contact with the contagious student — needs to know that this
communicable and potentially life-threatening disease has surfaced.
While it might be embarrassing to the student to reveal his medical
condition, the story is exceptionally newsworthy, which should
outweigh any invasion of privacy claim.
c. Both a and b.
d. Neither a nor b.