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11. The court should
A professional motorcycle rider put on a performance in a privately owned stadium during which he leaped his motorcycle over 21 automobiles. Spectators were charged $5 each to view the jump and were prohibited from using cameras. However, the local television station filmed the whole event from within the stadium without the knowledge or consent of the rider and showed the film in its entirety on the evening newscast that day. The rider thereafter brought suit to recover damages from the station for the admittedly unauthorized filming and broadcasting of the act. The television station raised only constitutional defenses.
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D is correct. Despite the fact that the television station has a First and Fourteenth Amendment right to publish information, it does not have any immunity under the Constitution for liability in tort if it deprives a person of the commercial value of that person's performance.
A is incorrect. Although it is true that the First and Fourteenth Amendments authorize press coverage of newsworthy entertainment events in some cases, this right is not absolute. In other words, the right does not provide immunity from any liability for such coverage.
B is incorrect. On the contrary, despite the constitutional protections for freedom of the press, this privilege is limited and not absolute. Specifically, here, the privilege does not provide immunity from any liability for press coverage.
C is incorrect. The Constitution only restricts the government from depriving people of property without due process of law, but it does not restrict private parties. Despite this, however, the television station does remain liable in tort.