Four Navy Seals v. Associated Press

ORDER GRANTING MOTION TO DISMISS, MOTION TO STRIKE PURSUANT TO CAL. CODE CIV. PRO. 425.16

This case pits the privacy interests of individuals against the freedom of the press. The Complaint alleges that Defendants, Seth Hettena and the Associated Press (“AP”), invaded Plaintiffs’ privacy rights by discovering photos and widely distributing them along with a news story suggesting that some Navy SEALs potentially engaged in abuse of Iraqi prisoners. The first cause of action is for copyright infringement. The second claim alleges that Defendants invaded the SEALs’ rights to privacy under the California constitution. The third cause of action alleges that Defendants intruded upon Jane Doe’s seclusion, and the fourth claim alleges that Defendants publicly disclosed private facts about the SEAL plaintiffs. Defendants have moved to dismiss the Complaint for failure to state a claim, and strike the Complaint pursuant to California Code of Civil Procedure § 425.16, a section known as the Anti-Strategic Lawsuits Against Public Participation (“Anti-SLAPP”) statute. The court held oral arguments on the Defendants’ motions on June 1, 2005. For the reasons outlined below, the court grants…