536
Breyer, J., concurring
volved a matter of unusual public concern, namely, a threat of potential physical harm to others. I write separately to explain why, in my view, the Court's holding does not imply a significantly broader constitutional immunity for the media.
As the Court recognizes, the question before us—a question of immunity from statutorily imposed civil liability— implicates competing constitutional concerns. Ante, at 532- 533. The statutes directly interfere with free expression in that they prevent the media from publishing information. At the same time, they help to protect personal privacy—an interest here that includes not only the "right to be let alone," Olmstead v. United States, 277 U. S. 438, 478 (1928) (Brandeis, J., dissenting), but also "the interest . . . in fostering private speech," ante, at 518. Given these competing interests "on both sides of the equation, the key question becomes one of proper fit." Turner Broadcasting System, Inc. v. FCC, 520 U. S. 180, 227 (1997) (Breyer, J., concurring in part). See also Nixon v. Shrink Missouri Government PAC, 528 U. S. 377, 402 (2000) (Breyer, J., concurring).
I would ask whether the statutes strike a reasonable balance between their speech-restricting and speech-enhancing consequences. Or do they instead impose restrictions on speech that are disproportionate when measured against their corresponding privacy and speech-related benefits, taking into account the kind, the importance, and the extent of these benefits, as well as the need for the restrictions in order to secure those benefits? What this Court has called "strict scrutiny"—with its strong presumption against constitutionality—is normally out of place where, as here, important competing constitutional interests are implicated. See ante, at 518 (recognizing "conflict between interests of the highest order"); ante, at 533 ("important interests to be considered on both sides of the constitutional calculus"); ante, at 534 ("balanc[ing]" the interest in privacy "against the in-
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