Wyoming is one of the few states that have not explicitly recognized a right to privacy or a right of publicity.  There are suggestions in state courts that a right to privacy may exist, but no case has so held. A bill that would add a right to privacy to the state constitution recently failed to pass in the state’s Senate



Common Law - Right of Publicity 


Common Law - Right of Privacy-Appropriation Tort 


No court to date has considered the question, but several cases have suggested in dicta that there is a right to privacy in the state.

Town of Green River v. Bunger, 50 Wyo. 52 (1936)

Post-Mortem Right 


No court to date has considered the question.

First Amendment Analysis 

Wyoming sits in the Tenth Circuit which has applied a balancing test to evaluate First Amendment defenses in the context of right of publicity claims.

Cardtoons, L.C. v. Major League Baseball Players Ass’n, 95 F.3d 959 (10th Cir. 1996)

Other Commentary 

The state’s Public Record Act indicates that custodians of records should not release information that “would constitute a clearly unwarranted invasion of personal privacy.”  The act also provides immunity for service providers found to have infringed or invaded the “right of privacy.”

Wy. Stat. § 16-4-203

Wy. Stat. § 16-9-108

Page last updated on: August 31, 2015

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