Florida Star, a weekly newspaper, published the name of a rape victim in its "Police Reports" section. The victim's name appeared in a police department press release distributed in the department's press room. An intern at the paper filed the story using the victim's name, not realizing that she was violating the paper's policy. It was an "inadvertent" mistake. The publication violated the newpaper's policy of not publishing the names of sexual assault victims as well as a Florida statute forbidding publication of names in sexual assault cases. The Florida statute made it unlawful to 'print, publish, or broadcast...in any instrument of mass communication' the name of a victim of a sexual offense.

A jury awarded $75,000 compensatory and $25,000 punitive damages.

The text of the report in the Florida Star:

[B.J.F.] reported on Thursday, October 20, she was crossing Brantwod Park, which is in the 500 block of Golfair Blvd., enroute to her bus stop, when an unknown black man ran up behind the lady and placed a knife to her neck and told her not to yell. The suspect then undressed the lady and had sexual intercourse with her before fleeing the scene with her 80 cents, Timex watch and gold necklace. Patrol efforts have been suspended concerning this incident because of the lack of evidence.

The Court relied on the lawfully obtained truthful information standard in Smith v Daily Mail, 443 U.S. 97 (19 79):

"IF A NEWSPAPER LAWFULLY OBTAINS TRUTHFUL INFORMATION ABOUT A MATTER OF PUBLIC SIGNIFICANCE THEN STATE OFFICIALS MAY NOT CONSTITUTIONALLY PUNISH PUBLICATION OF THE INFORMATION, ABSENT A NEED TO FURTHER A STATE INTEREST OF THE HIGHEST ORDER.

HELD: "Where a newspaper publishes truthful information which it has lawfully obtained, punishment may lawfully be imposed, if at all, only when narrowly tailored to a state interest of the highest order..."

Court noted that "discrete factual context[s]" may exist where the state could legally punish the publication of a rape victim's name, but the statute is overbroad and this fact situation does not meet the Daily Mail standard.

1. Lawfully obtained information - the Police Dept.'s release of the name in a press release constitutes "implied representation of the lawfulness of dissemination."

2. matter of public significance -- the commission and investigation of a violent crime that had been reported to authorities.

3. State interest - "protecting privacy and safety of sexual assault victins and encouraging them to report offenses without fear of exposure..."