You have probably heard by now – Tiger Woods had a minor motor vehicle accident around 2:30 a.m. Friday morning. He drove out of his driveway and promptly hit a fire hydrant and tree. His air bags did not deploy. His wife, Elin, used a golf club and broke out on or more back windows to get him out. He was taken to a hospital, reportedly with facial lacerations and bruises. There are inconsistencies in the story, no doubt.
This morning we are hearing reports that the FHP is seeking warrants for his medical records to “verify whether his injuries were consistent with the motor vehicle accident”, or a “possible domestic abuse” situation. Added into the mix is a recent National Enquirer report that Woods was having an affair with a woman from
The big debate is now whether Tiger should publicly ‘fess up and tell the whole story of what happened. Those who claim he should cite to the ubiquitous, and largely non-existent, “public’s right to know.” Curiosity about the private lives of celebrities, does not, my friends, equate to any “right to know.”
As a starting point, there is no such thing as a “public’s right to know” in the Constitution, nor is there such a broad concept embodied in any statutory law. There are certain specific statutory rights to obtain information from governmental bodies, such as the Freedom of Information Act (FOIA) for Federal matters, and Open Records laws for state and local entities in
On the other hand, the U.S. Supreme Court has consistently ruled that there is a “right to privacy” inherent in the Ninth Amendment, which states: “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.” The Third, Fourth, and Fifth Amendments have also been cited as part of an overall right to privacy.
Where we are talking about elected officials entrusted with public funds, there should clearly be a “public’s right to know” how our money is being used and our public matters are being conducted. This extends to personal matters when those matters involve use of public funds, dishonesty, or interfere with the ability of public officials to do their duties.
There is simply no “public’s right to know” when it comes to matters such as this car wreck, or why it happened, with Tiger Woods. Even if there turns out to be something beyond a simple car wreck, it should be handled within the bounds of the applicable legal system, not on the front pages of tabloids or on television talk shows. In my opinion, the FHP with its press releases has gone over the line into publicity-land.
Some have suggested that because Woods is a public figure, or that he has used his “image” to gain endorsement deals, the public is somehow entitled to invade his life. This is simply not so. His endorsements, and his public appeal as a nonpareil golfer, may well be harmed by his silence, but that is his choice. Endorsement contracts, just like the purchase of tickets to an event, or tuning in the television, are all business relationships at their heart, and we all have the “right” to disengage if we disapprove.
Barring some new, factual and legal developments in this story, Tiger Woods has every right to maintain his privacy as he sees fit. Simply because our culture is polluted by paparazzi and entertainment media who try to invade the lives of anyone who may be enjoying their fifteen minutes of fame, does not give to the public any “right to know.”

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