ESPN Continues to Defend Adam Schefter Over Medical Records Tweet

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On May 16, 2016, ESPN continued their legal support of star reporter Adam Schefter’s reporting by filing another motion asking a Florida federal judge to dismiss the case due to First Amendment protections for a matter of public interest. This case arose after Schefter tweeted New York Giants defensive end Jason Pierre-Paul’s medical records to support his reports that Pierre-Paul had successfully undergone surgery to amputate his right index finger stemming from a Summer 2015 fireworks accident. Pierre-Paul filed a civil suit claiming a violation of his privacy rights and ESPN responded to Pierre-Paul’s May 5 opposition brief to their initial bid to dismiss the suit.

On Monday, ESPN filed a motion to dismiss primarily asserting Schefter’s reporting is protected under the First Amendment. Accurate reporting on a subject of public interest where the facts disclosed are substantially related to that topic can be released without legal repercussions in order to promote a more watchful media. Based on this principal, ESPN claims that its rights to report truthful matters of public concern override any medical privacy rights Pierre-Paul may claim. Traditionally, courts have always recognized that reports about a professional athlete are categorically a matter of concern to the community given their notoriety and influence. Given the bizarre circumstances which followed the injury, and the caliber and popularity of Pierre-Paul as one of the NFL’s most notable defensive players, there is little doubt the reporting is a matter of public interest.

In the alternative, ESPN further argues that Florida’s Medical Privacy Statute provides no basis for the suit. Pierre-Paul argues that Florida law makes it illegal to disclose patient medical records to anyone other than the patient’s attorney, or doctor’s without written consent. In response, ESPN first asserts that the Medical Privacy Statute was intended to apply to health care professionals only and does not prevent ordinary citizens asking for information. Second, ESPN claims that Florida law protects the facts and information and not the form and medium they are documented in which is what Schefter tweeted out to his nearly five million followers. With strong First Amendment support, and no likely privacy rights to assert, Pierre-Paul’s case may be “sacked.”

Of additional note, counsel for Pierre-Paul also seeks to win the media battle questioning the ethics of ESPN and in particular reporting such as Schefter’s. They claim that Schefter knew the records were distributed illegally and still decided to publish, which Schefter himself admitted other journalists would be weary to do. In addition, they claim that ESPN believes they have no limits to publishing records in its journalism.

The full motion to dismiss Pierre-Paul’s complaint can be read here.

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