Freedom of expression in the tripartite legal relations of defamation and privacy in the jurisprudence of the United States and a brief comparative approach

Abstract

New York Times Co.v. Sullivan marked a before and after in the relationship between the freedoms of the First Amendment and the right of extracontractual liability for the affectation of reputation and privacy derived from the dissemination of ideas. We will maintain that the approximation, based on a bipartite legal relationship between the speaker and the offended party, is insufficient. It is necessary to establish a separation between the individual right of the speaker and the interest of the audience, which constitutes a third party. In the case of the issuance of ideas before a public hearing, on matters of public interest, we estimate that the nature of the interest of the audience is a general interest, which leads us to rethink the location of the controversy as a typical case of law private.