Cite as: 532 U. S. 514 (2001)
Breyer, J., concurring
For another thing, the speakers had little or no legitimate interest in maintaining the privacy of the particular conversation. That conversation involved a suggestion about "blow[ing] off . . . front porches" and "do[ing] some work on some of those guys," App. 46, thereby raising a signifi-cant concern for the safety of others. Where publication of private information constitutes a wrongful act, the law recognizes a privilege allowing the reporting of threats to public safety. See Restatement (Second) of Torts § 595, Comment g (1977) (general privilege to report that "another intends to kill or rob or commit some other serious crime against a third person"); id., § 652G (privilege applies to invasion of privacy tort). Cf. Restatement (Third) of Unfair Competition § 40, Comment c (1995) (trade secret law permits disclosures relevant to public health or safety, commission of crime or tort, or other matters of substantial public concern); Lachman v. Sperry-Sun Well Surveying Co., 457 F. 2d 850, 853 (CA10 1972) (nondisclosure agreement not binding in respect to criminal activity); Tarasoff v. Regents of Univ. of Cal., 17 Cal. 3d 425, 436, 551 P. 2d 334, 343-344 (1976) (psychiatric privilege not binding in presence of danger to self or others). Even where the danger may have passed by the time of publication, that fact cannot legitimize the speaker's earlier privacy expectation. Nor should editors, who must make a publication decision quickly, have to determine present or continued danger before publishing this kind of threat.
Further, the speakers themselves, the president of a teach-er's union and the union's chief negotiator, were "limited public figures," for they voluntarily engaged in a public controversy. They thereby subjected themselves to somewhat greater public scrutiny and had a lesser interest in privacy than an individual engaged in purely private affairs. See, e. g., ante, at 535 (respondents were engaged in matter of public concern); Wolston v. Reader's Digest Assn., Inc., 443
539
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