Cases and Conflicts - Radio: Esposito-Hilder v. SFX Broadcasting Inc.


Esposito-Hilder v. SFX Broadcasting Inc. Significance: The Supreme Court ruled that the state's interest in protecting individuals from intentional harm is greater than its interest in protecting the media's First Amendment protections. Esposito-Hilder was not suing for defamation, but for intentional infliction of emotional distress. Annette Esposito-Hilder accused radio station hosts Bob Mason and Bill Sheehan of WPYX of intentionally inflicting emotional distress after the hosts named her the Ugliest Bride as part of a contest. Callers were urged to guess which photograph the hosts chose from a group of newspaper wedding announcements. In Esposito-Hilders case, the hosts departed from their practice of only using first names and aired the woman's full name and place of work. Esposito-Hilder worked at SFX rival Albany Broadcasting. Justice Ann Mikoll determined that the state's relatively strong interest in compensating individuals for harm outweighs the First Amendment protection accorded defendants. In addition, the fact that Mason and Sheehan gave so much information about Esposito-Hilder serves as evidence that their broadcast was a deliberate intent to inflict injury. Sources: Capital District Business Review Albany December 15, 1997: http://cgi.amcity.com/albany/stories/121597/tidbits.html Journalism & Mass Communication Quarterly Spring 1998 The Future of the Internet Reputation Assault: A Critical and Historical Analysis of Gender and the Law of Defamation.

Esposito-Hilder v. SFX Broadcasting Inc.

Significance: The Supreme Court ruled that the state's interest in protecting individuals from intentional harm is greater than its interest in protecting the media's First Amendment protections. Esposito-Hilder was not suing for defamation, but for intentional infliction of emotional distress.

Annette Esposito-Hilder accused radio station hosts Bob Mason and Bill Sheehan of WPYX of intentionally inflicting emotional distress after the hosts named her the Ugliest Bride as part of a contest. Callers were urged to guess which photograph the hosts chose from a group of newspaper wedding announcements. In Esposito-Hilders case, the hosts departed from their practice of only using first names and aired the woman's full name and place of work. Esposito-Hilder worked at SFX rival Albany Broadcasting.

Justice Ann Mikoll determined that the state's relatively strong interest in compensating individuals for harm outweighs the First Amendment protection accorded defendants. In addition, the fact that Mason and Sheehan gave so much information about Esposito-Hilder serves as evidence that their broadcast was a deliberate intent to inflict injury.

Sources:

Capital District Business Review Albany December 15, 1997: http://cgi.amcity.com/albany/stories/121597/tidbits.html

Journalism & Mass Communication Quarterly Spring 1998
The Future of the Internet Reputation Assault: A Critical and Historical Analysis of Gender and the Law of Defamation.