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¶ … individual making the leak would likely be protected by First Amendment laws given that the statement was made by the sheriff regarding the investigation 'on the record,' as is noted in the report. If a statement was made about a public figure who has less of an expectation of privacy under current legal interpretations, regardless if the leaker was a member of the press or a private individual, the statement would be thoroughly protected. "Despite popular misunderstanding the right to freedom of the press guaranteed by the First Amendment is not very different from the right to freedom of speech. It allows an individual to express themselves through publication and dissemination. It is part of the constitutional protection of freedom of expression [for all individuals]. It does not afford members of the media any special rights or privileges not afforded to citizens in general" ("First Amendment," 2014). All citizens have the right to free speech about public individuals (such as baseball players), and in this case the speech was not libelous. Public figures are deemed to have significantly diminished expectations...
"Defamation law tries to balance competing interests: On the one hand, people should not ruin others' lives by telling lies about them; but on the other hand, people should be able to speak freely without fear of litigation over every insult, disagreement, or mistake" ("Defamation law made simple," 2014). To show defamation, the individual must prove the statement was "published; false; injurious;" and "unprivileged" [not protected by the First Amendment] ("Defamation law made simple," 2014). This would mean that even Snider as a private figure would have to show that any allegations about his betting habits are obviously false, not simply published and injurious to him, which he might have considerable difficulty…
References
Defamation law made simple. (2014). Nolo. Retrieved from:
http://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html
Diminished privacy rights for public figure/official. (2014). RCFP. Retrieved from:
http://www.rcfp.org/federal-foia-appeals-guide/exemption-6/ii-clearly-unwarranted-invasion-personal-privacy/nature-pri-7#sthash.gTTMToJe.dpuf
Retrieved from: http://www.frostbrowntodd.com/resources-70.html
http://www.law.cornell.edu/wex/first_amendment
http://www.freepress.net/blog/2013/08/06/journalism-shield-law-how-we-got-here
http://www.spj.org/shieldlaw.asp
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Sir, we would argue that while the government interest in protecting national security is an important interest, the Roth case does not justify the government encroachment on our Freedom of the press. The Roth case provides that the government can encroach on the freedom of the press only if it is attempting to protect other rights from being infringed on. In our case, Mr. President, none of our rights