But if the British courts accept this argument and lift these injunctions then US law would be, in effect, dictating the outcome of an English case and it would be on its way to becoming a global standard setter. But the unconditional priority US law gives to free speech over nearly every other interest is starkly different, not only from English law, but that of every other liberal democracy.
In a well-known decision called Florida Star , the US Supreme Court, astonishingly to European eyes, struck down an award of damages against a newspaper that had published the name and address of a rape victim, as an illegitimate restraint on press freedom.
It brought further intimidation at the hands of her assailant. If freedom is to not only pass but give effect to laws in Britain, then this first argument has to be resisted. US readers can read the story because their law is different. Full stop. While much of our press — and many American lawyers — say yes, the response in most European and Commonwealth democracies is a firm no. Terms Privacy Policy. He initially lost his case at the High Court but went to the Court of Appeal. The Scottish newspaper has the story on its front page.
The footballer gave up all right to anonymity less than ten months later. In , David Cameron said injunctions were "unsustainable" in the modern media age. Back in , Jeremy Clarkson confessed to using a super-injunction to prevent his ex-wife from responding to allegations they had sex while he was still married.
He was initially referred to in reports as "a married TV star" when the injunction was enforced, but Clarkson later revealed himself to be the presenter in question. He later said: "Injunctions don't work Chelsea captain John Terry took out a gagging order preventing newspapers from reporting his affair with the ex-girlfriend of England team-mate Wayne Bridge.
The injunction was heavily criticised and just a few days later was lifted by a judge, who decided that freedom of speech should take precedence over privacy. The ex-Manchester United midfielder Ryan Giggs took legal action to secure a super-injunction to stop the press reporting his affair with ex-Big Brother contestant Imogen Thomas. But later that year Twitter users began naming him, a Scottish paper published a poorly anonymised photo of him in connection with the story and Liberal Democrat MP John Hemming used parliamentary privilege to name the man himself.
The footballer gave up all rights to anonymity less than ten months later, in February Political stalwart Andrew Marr revealed in that he had taken out a super-injunction to suppress reports of an affair with a fellow journalist.
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