Wisconsin

Cox Broadcasting Corp. v. Cohn in Wisconsin Law

How Cox Broadcasting Corp. v. Cohn applies in Wisconsin: state-specific rules, key cases, and bar exam notes for Constitutional Law.

State Approach

Wisconsin adheres to the principles established in Cox Broadcasting Corp. v. Cohn regarding the balance between privacy rights and the freedom of the press. The state recognizes the constitutional protections for publishing information from public records, particularly in cases involving matters of public concern.

State Rule
In Wisconsin, the publication of information obtained from public records is protected under the First Amendment, provided that the information is truthful and pertains to a matter of public interest.
Significant State Cases

Bishop v. State Bar of Wisconsin

Held that publishing information about a lawyer's past discipline was protected speech under the First Amendment, aligning with public interest considerations.

Krueger v. J. M. Smucker Co.

Affirmed that the public's right to know outweighs an individual's privacy interests when the information is obtained from publicly available sources.

State v. Lasecki

Recognized that disclosure of public documents is a key component of transparent governance and is entitled to First Amendment protection.

Comparison to Federal Law

While Wisconsin law generally follows the federal standard set by Cox Broadcasting Corp. v. Cohn, it emphasizes state-specific precedents that further endorse the publication of truthful information from public records. Wisconsin courts are also more inclined to protect journalistic freedom in alignment with strong public interest narratives.

Bar Exam Note

Questions involving the balance between privacy and freedom of the press may appear on the Wisconsin bar exam, especially focusing on public records and constitutional protections.

Practice Pointers
  • Always assess if the published information is derived from a public record.
  • Evaluate the public interest involved when considering potential privacy infringements.
  • Be prepared to argue both sides of privacy versus free speech issues, as applicable in Wisconsin.

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