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Inc. v. Johnston, 448 F.2d 378, 381-82 (4th Cir. 1971)
["No rule of repose exists to inhibit speech relating to
the public career of a public figure so long as
newsworthiness and public interest attach to events
in such public career."]; William O’Neil & Co. v.
Validea.com, Inc., 202 F. Supp. 2d 1113, 1117 (C.D.
Cal. 2002) ["The ’news’ exception is not restricted to
current events; the [press] may legitimately inform
and entertain the public with the reproduction of
past events .... "] (Interior citations and quotations
omitted). Thus, the unsupported assertion by the
Eleventh Circuit that the passage of time negates
the newsworthiness of the subject photographs of
Benoit, lacks foundation, and is contrary to much
more persuasive authority.
C. Other Circuits Hold that
"Newsworthiness" is to be Broadly
Construed Under the First
Amendment.
Contrary to the Eleventh Circuit opinion in
this case, other circuits have taken a much broader
approach with regard to First Amendment
protections of freedom of the press concerning
publication of matters of public interest. For
example, the Fifth Circuit gave a more expansive
description of what is newsworthy and protected by
the First Amendment in its extensive discussion in
Lowe v. Hearst Communications, Inc., 487 F.3d 246
(5th Cir. 2007). There, the court stated in general: