Uploaded August 2026 | Updated September 2026, 2 weeks ago
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Diaz v. Oakland Tribune, Inc. | 139 Cal. App. 3d 118, 188 Cal. Rptr. 762 (1983)
When is truthful reporting not constitutionally protected? A California court considered that question in Diaz versus Oakland Tribune Incorporated.
Toni Ann Diaz, a transgender woman, was born as a male named Antonio. At one point, Antonio was arrested in Oakland for solicitation, a misdemeanor.
Later, Diaz underwent gender reassignment surgery. She then legally changed her name and updated her information in her high school records, her social security records, and on her driver's license. Diaz kept her surgery and her previous identity secret from all but her immediate family and closest friends.
Diaz enrolled in the College of Alameda, a community college. She was the first woman elected student body president. She also served as the student body representative to the college's board of trustees.
During her presidency, she accused college administrators of misusing student funds. The Oakland Tribune reported the controversy and quoted Diaz's allegations.
During the controversy, a Tribune columnist learned that Diaz was born a male. After further investigation, including confirmation from unnamed sources and discovery of Antonio's arrest, the Tribune published a column reporting that Diaz was a man.
Diaz suffered from depression, insomnia, nightmares, and memory lapses. She also delayed her enrollment in a four year college.
Diaz sued the Tribune for invasion of privacy.
After a trial, the jury found that the tribune publicly disclosed a private nonpublic fact about Diaz, that the fact wasn't newsworthy, that publication was offensive to a reasonable person of ordinary sensibilities, that the Tribune knew that or recklessly disregarded whether it was highly offensive, and that the disclosure proximately caused injury to Diaz. The jury awarded Diaz compensatory and punitive damages.
The Tribune appealed to the California Court of Appeal.
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Diaz v. Oakland Tribune, Inc. | 139 Cal. App. 3d 118, 188 Cal. Rptr. 762 (1983)
When is truthful reporting not constitutionally protected? A California court considered that question in Diaz versus Oakland Tribune Incorporated.
Toni Ann Diaz, a transgender woman, was born as a male named Antonio. At one point, Antonio was arrested in Oakland for solicitation, a misdemeanor.
Later, Diaz underwent gender reassignment surgery. She then legally changed her name and updated her information in her high school records, her social security records, and on her driver's license. Diaz kept her surgery and her previous identity secret from all but her immediate family and closest friends.
Diaz enrolled in the College of Alameda, a community college. She was the first woman elected student body president. She also served as the student body representative to the college's board of trustees.
During her presidency, she accused college administrators of misusing student funds. The Oakland Tribune reported the controversy and quoted Diaz's allegations.
During the controversy, a Tribune columnist learned that Diaz was born a male. After further investigation, including confirmation from unnamed sources and discovery of Antonio's arrest, the Tribune published a column reporting that Diaz was a man.
Diaz suffered from depression, insomnia, nightmares, and memory lapses. She also delayed her enrollment in a four year college.
Diaz sued the Tribune for invasion of privacy.
After a trial, the jury found that the tribune publicly disclosed a private nonpublic fact about Diaz, that the fact wasn't newsworthy, that publication was offensive to a reasonable person of ordinary sensibilities, that the Tribune knew that or recklessly disregarded whether it was highly offensive, and that the disclosure proximately caused injury to Diaz. The jury awarded Diaz compensatory and punitive damages.
The Tribune appealed to the California Court of Appeal.
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![Schrems v. Data Protection Commissioner (Joined by Digital Rights Ireland) [Schrems I] | Law Case](https://i.ytimg.com/vi/U86aLpipVaM/mqdefault.jpg "Schrems v. Data Protection Commissioner (Joined by Digital Rights Ireland) [Schrems I] | Law Case
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Schrems v. Data Protection Commissioner (Joined by Digital Rights Ireland) [Schrems I]
European Court of Justice
Case C-362/14 (2015)
European Union regulations strictly control the transfer of personal data from data controlling entities in Europe to countries outside the EU referred to as third countries.
The regulations require third countries to ensure an adequate level of data protection.
In data protection commissioner versus Facebook Ireland Limited and Maximilian Schrems, the European Court of Justice considered whether the United States met this standard. In two thousand, the US and the EU negotiated an agreement called the Safe Harbor Principles to authorize private companies to transfer personal customer data from Europe to the states.
The European Commission issued a decision called an adequacy decision certifying that Safe Harbor guaranteed an adequate level of data protection for European citizens.
However, safe harbor allowed the American government unlimited access to personal data for national security and other purposes.
In two thousand thirteen, former government contractor Edward Snowden leaked information revealing that American security agencies engaged in extensive warrantless data collection and had direct access to the data held by major companies like Google and Facebook.
Austrian citizen, Maximilian Schrems, had a Facebook account. European Facebook users had to contract with Facebook Ireland, a Facebook subsidiary.
Facebook Ireland sent users personal data to Facebook in the US. Following the Snowden league, Shremes filed a complaint with Irelands data protection commissioner, that countrys data supervisory authority. Schrems asked the authority to prohibit Facebook Ireland from transferring his data to the US because US law didnt adequately protect personal data.
The authority rejected Schrems complaint because of safe harbor.
Schrems appealed to Irelands high court, which requested an opinion on the safe harbor decisions validity from the European Court of Justice.
The European Court invalidated the decision and referred the case back to the authority.
Thereafter, the US and EU negotiated a new agreement called Privacy Shield. The European Commission issued an adequacy decision approving Privacy Shield. Privacy Shield was similar to Safe Harbor, but created an ombudsperson to investigate data privacy complaints from European citizens.
Again, however, Privacy Shield allowed the federal government unlimited access to personal data for national security reasons.
Schrems refiled his complaint. The authority referred the case to Irelands high court, which again referred the case to the European Court of Justice for a preliminary ruling.
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