Legal Question in Military Law in Virginia
Is there something that goes against posting fired naval personal on the front page of NavyTimes? I believe that this is a violation of personal rights. The fact that they got fired already goes on their resignmae. But then, the employer can type in his name and this paper and article will come up.(the article is not bad, just the front page). When the employer sees that the applicant got fired on the resignmae and then sees the applicant's picture on the front of NavyTimes with the Headline "More Skippers Fired"-this sends and even more negative image. It would say that this must have been a pretty big deal if this made the front page. The applicant's life is already ruined through their resignmae, but this paper makes it even worse. Is there something in the Privacy Act, First Amendment, Constitution, FOIA, or something that violates the press from printing pictures of fired personal on the front page of a newspaper? I understand that once you join the military you belong to the military pretty much, but if someone was to get fired, then doesn't that mean that if you reveal personal info(such as a photo) after the person has been released, that you have violated the Privacy Act, and what else?. That has to be against the law somehow. Could you tell me how and with resources please. Is this also a violation of civil Rights(where can i get proof as well)
The Paper that I got this from was the NavyTimes- September 14, 2009.
Thank you for your time.
1 Answer from Attorneys
There is no Privacy Act violation for publishing a photo or a story about some action the Navy has taken. Possible Privacy Act violations could include release of Official Military Personnel File information or Health Record information to the public. But the fact that an officer was relieved of command is not protected by the Privacy Act. The Navy Times is a private publication and does not speak for, nor is its content edited by, the Navy. Its reporters write articles about the Navy for those who are interested in the Navy. Anything that the Department of the Navy releases to them usually has been vetted by Navy Public Affairs officers and in some cases, Navy lawyers. But a picture and a story about someone who has been disciplined, either judicially or non-judicially, is not barred by the Privacy Act, the Constitution, FOIA or any other federal law.