Gilbert v. Medical Economics Co.

665 F.2d 305 (1981)

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Gilbert v. Medical Economics Co.

United States Court of Appeals for the Tenth Circuit
665 F.2d 305 (1981)

Facts

Beatrice Gilbert (plaintiff) was an anesthesiologist. Medical Economics Co. (defendant), a medical journal, published an article about the need for better oversight regulation of doctors who committed malpractice. It used Gilbert as an example and discussed in detail two malpractice cases that had been filed against her for injuries sustained by patients as a result of her actions during surgeries. It also discussed some of Gilbert’s personal problems, including psychiatric issues, and suggested a link between her personal problems and professional mistakes. The article included Gilbert’s name and photo. Gilbert sued Medical Economics for invasion of privacy. Gilbert did not dispute the accuracy of any of the facts in the article. She also made no claim that the general subject matter of the article was newsworthy. However, she claimed that her personal problems, her name, and her photograph were protected by her right to privacy. The trial court granted summary judgment in favor of Medical Economics, holding that if the general content of an article is newsworthy, editors should be given the discretion to determine what details to include and how the article should be written and that the entire article was therefore protected by the First Amendment. Gilbert appealed.

Rule of Law

Issue

Holding and Reasoning (McKay, J.)

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