In Cox Broadcasting v. Cohen, 420 U.S. 469 (1975), the Supreme Court of the United States held that the First Amendment to the Constitution prohibits states from imposing a penalty on the press for publishing accurate information obtained from a public court record. As a result of this case, most states recognize an absolute privilege for publication of information found in a publicly available (i.e., not sealed) court record. While the case involved traditional media, there is no reason to believe that its reasoning and holding would not extend to non-traditional journalists and other online publishers. This means that you cannot be held liable for publishing accurate facts about someone that you find in a public court record, regardless of how embarrassing they are. Note that this privilege will protect you in publishing information about past crimes (discussed above), so long as you gather your information from publicly available court records, such as an indictment or trial transcript. For information on accessing court records, see Access to Courts and Court Records.