Final answer:
Courts assess whether government intrusion infringes on civil liberties, particularly the right to privacy, by examining constitutional protections and evaluating the necessity and validity of prior restraint in cases involving the publication of sensitive information.
Step-by-step explanation:
The key issue that courts will assess in an intrusion suit is whether the government's actions represent an inappropriate infringement of a civil liberty, specifically the right to privacy. Courts will examine whether the government's intrusion is permissible under constitutional protections, such as the Fourth Amendment that protects against unreasonable searches and seizures. For example, in United States v. United States District Court for the Eastern District of Michigan (1972), the Supreme Court ruled that government officials must obtain a warrant before engaging in electronic surveillance, even for domestic security issues.
Prior restraint is rare and requires the government to demonstrate that the national interest would be harmed. In cases like New York Times v. United States (1971), the Supreme Court refused to issue an injunction against the publication of the Pentagon Papers. However, there are limited circumstances where the government can impose prior restraint on the media, such as revealing troop movements or undercover operatives' names when it pertains to national security.
In summary, the courts assess whether government intrusion infringes on civil liberties, particularly the right to privacy, by examining constitutional protections and evaluating the necessity and validity of prior restraint in cases involving the publication of sensitive information.