Is information found in a Facebook profile public? It seems to me to be pretty clear that it’s not. Emily’s public profile on Facebook has none of the information Gawker published. The real question seems to be whether Emily is a “public figure” and therefore subject to a different standard. The author at Gawker got access to Emily’s “friends” profile, which had much more information, and published that. Is that so different than gaining access to, say, a private party where a reporter sees Emily, and reports on what she does? That’s privileged information, but no one would have an issue with a gossip reporter covering a party full of socialites.
Regardless, it’s clearly a violation of Facebook’s terms of service. Will be interesting to see if Emily or Facebook pushes on this.