Arthur Ashe, the great tennis star, contracted the AIDS virus from a blood transfusion during surgery in 1983. Five years later, Ashe learned that he was HIV- positive. But he managed to keep his condition secret-apparently known only to doctors, close family, and some reporters who promised not to reveal it. In 1992, however, Ashe received a call from a reporter at USA Today who asked Ashe to confirm that he had AIDS. To head off a disclosure by the newspaper, Ashe held a news conference during which he revealed his medical condition. He criticized the press: “am sorry that I have been forced to make this revelation now , at this time,” he said. “Sadly, there is no good reason for this to happen now. But it has happened, and I will adjust and go forward” Ashe passed away less than a year later, on February 6, 1993.
For this essay, assume that Ashe had not held his press conference , and that instead USA Today had made the disclosure that Ashe had AIDS . Also assume that Ashe sued USA Today for invasion of privacy- the publication of embarrassing private facts.
Part I: Analyze whether you think Ashe could prove his case for invasion of privacy /embarrassing private facts : 1) that the disclosure was embarrassing , that is, highly offensive to a reasonable person; 2) that the information was previously private ; and 3 ) that the information that he had AIDS was not newsworthy (The media is protected by the defense of newsworthiness , which is of First Amendment significance ). Consider , as part of your analysis , that Ashe was a major public figure as a tennis player and had continued in the public eye in various capacities (see the news stories ). Be sure to look at this legal question from the standpoint of the early 1990s , given what was known about AIDS at the time and how the general public viewed the disease.
