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Time, Inc. v. Hill | 385 U.S. 374 (1967)

In Time, Incorporated versus Hill, a family thrust into the limelight after they’re held hostage tires of publicity falsely representing that they were roughed up by their captors. But does freedom of the press give the publisher a get-out-of-jail-free card?

In September 1952, James Hill, his wife, and their five children were held hostage by escaped convicts in their suburban Pennsylvania home. After a nineteen-hour ordeal, the Hills were released unharmed and two of the convicts were later killed in a gun battle with police. The story generated significant media attention. But the Hills discouraged publicity, stressed that they had not been mistreated during their capture, and moved to a new city.

Later, an author penned an account of a family taken hostage by escaped convicts in their suburban home. The book was made into a play, and Time published an account of the play in the pages of Life magazine. Photos showed the play’s cast acting out violent episodes staged at the Hills’ former home. The article used the Hills’ name.

Alleging that the story misrepresented his family’s experience, Hill sued for damages under New York’s statutory right of privacy which proscribes using another’s name or picture for commercial purposes without consent. The jury returned a verdict for Hill. The appellate division affirmed but ordered a new trial on damages. After the second trial, the New York Court of Appeals affirmed. The Supreme Court granted cert.

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