PRIVACY AND THE RIGHT TO FREE SPEECH

Because of the nature of their jobs and lifestyles, public figures are more likely to suffer intrusive invasions into their private lives and cannot generally expect to receive privacy in public places. However, the right to respect for a person’s privacy and the right to freedom of expression are both vitally important rights. Drawing on a balancing test similar to that used by the European Court of Human Rights that attempts to give due weight to each right, I argue that, with matters that are considered to be private like medical issues, a right to free speech should not trump a celebrity’s right to privacy.