A court might well find that such information is newsworthy, as opposed to the privacy sub-tort of public disclosure of private facts. The privacy claim of public disclosure of private facts does not apply to information that would be of legitimate concern to the public. The pressing question in public disclosure of private-facts cases is whether the information is newsworthy or of legitimate concern to the public.

Newsworthiness is evaluated by an examination of several factors, including the social value of the disclosed material, the depth of intrusion into personal life, and the extent to which the person is already in public view. Even Louis Brandeis and Samuel Warren in their famous law review article (mentioned on p. 343) wrote in 1890: “The right to privacy does not prohibit any publication of matter which is of public or general interest.”