Athlete privacy and the transparency of their injuries
When top defensive end Jason Pierre-Paul blew off a chunk of his hand in a fireworks incident last summer, he may have changed how the media looks at athlete privacy.
Lawsuit asks whether athletes’ medical records are private
Is an athlete’s health a matter of public concern? This question, and its eventual answer, could have ramifications for injured sports stars. The New York Giants football player’s health was a mystery for some time. The status of his hand was on everyone’s mind after initial reports of the accident came out. It was Adam Schefter, one of ESPN’s star football reporters, who eventually got his hands on Pierre-Paul’s hospital records and then proceeded to tweet them to the public.
The defensive end was not happy with that. In a lawsuit against the reporter and ESPN, Pierre-Paul claims that his privacy was violated. The sports network counters that the tweet was within Schefter’s First Amendment rights, due to the football player’s health being a matter of public concern. ESPN is arguing under Florida’s recent SLAPP rule, or strategic lawsuit against public participation, that it had the freedom to reveal Pierre-Paul’s medical records.
ESPN not bound by medical regulations re: athlete privacy
The football player contended that the network exists because of athletes, and that therefore, it should be working to protect their rights. Strangely, though, the football player’s argument goes on to criticize Schefter for not going far enough in an interview with Greg Hardy, a defense end accused of domestic abuse.
One issue with Pierre-Paul’s argument is that while the hospital is legally bound to keep patients’ medical records private, news organizations are not. Therefore, Schefter was not required to keep Pierre-Paul’s medical records private when he tweeted the picture.
When athletes step into the spotlight, they often lose the sort of privacy that many people take for granted. When an injury can drastically affect a team’s performance, there will likely be a scramble to learn more about it. While Pierre-Paul might make some sort of breakthrough with his lawsuit, in the end the media will always seek to probe athletes’ private lives.
If you’re concerned about your private life, in the case of an injury or otherwise, consult an experienced sports attorney for more information on your rights of athlete privacy and how to proceed.
For more articles dealing with the NFL and life of a professional athlete, check out:
Medical Marijuana & the NFL Substance Abuse Policy
The Disability Payment Plans for the Most Dangerous Sport
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together
New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York
No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]
Company Dissolved? Legal and Financial Consequences to Expect
A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences. It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]
The Legal Implications of Signing a Triple Net Lease
A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]
When to Settle and When to Fight: A Litigator's Framework
Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]
What Is Corporate Litigation? A Clear Guide for Businesses
Corporate litigation, also called commercial litigation or business litigation, is the formal legal process through which companies resolve disputes in the civil court system. When a business relationship breaks down and other resolution methods have failed, litigation provides a structured legal mechanism for asserting rights, recovering damages, enforcing obligations, and obtaining court-ordered relief. Unlike criminal […]
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!
