unethical, cruel, and likely illegal: anti-choicers make family’s tragedy public without their consent by bridgette dunlap
Anti-choice activist Jill Stanek recently published online the name and photo of a woman who passed away following a late abortion at the Maryland clinic of Dr. Leroy Carhart. The name and picture of the woman, I’ll call her Marie, along with information about her job, marriage, and pregnancy were soon all over the internet. Protesters plastered Marie’s picture on signs and marched outside Dr. Carhart’s clinic and held a “vigil” outside the emergency room where she was treated. Internet commentators characterized Marie’s husband, parents, and sister, who traveled with her from out-of-state for the three-day procedure, as everything from bad Catholics to killers. Beyond being immoral, unethical and unbelievably cruel, making the family’s tragedy public without their consent was likely illegal…
…Many of the anti-choicers circulating information about Marie and her family seem to be under the impression that publishing anything about anyone is free speech and fair game. This is not the case. The vast majority of states recognize a common law, statutory, or state constitutional right to privacy. There are four main common law invasion of privacy torts (a tort is a wrong with a civil remedy, as opposed to a crime). They are: (1) unreasonable intrusion upon the seclusion of another, (2) appropriation of another’s name or likeness, (3) unreasonable publicity about another’s private life, and (4) publicity that unreasonably places another in a false light before the public. Whether one can sue for invasion of privacy will depend on the facts of the case and which state’s law will apply. Maryland, where the procedure and protests took place, recognizes all four privacy torts as well as intentional infliction of emotional distress.









