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Can the police strip-search a woman who has been arrested for a minor traffic violation? Can a magazine publish an embarrassing photo of you without your permission? Does your boss have the right to read your email? Can a company monitor its employees' off-the-job lifestyles--and fire those who drink, smoke, or live with a partner of the same sex? Although the word privacy does not appear in the Constitution, most of us believe that we have an inalienable right to be left alone. Yet in arenas that range from the battlefield of abortion to the information highway, privacy is under siege. In this eye-opening and sometimes hair-raising book, Alderman and Kennedy survey hundreds of recent cases in which ordinary citizens have come up against the intrusions of government, businesses, the news media, and their own neighbors. At once shocking and instructive, up-to-date and rich in historical perspective, The Right to Private is an invaluable guide to one of the most charged issues of our time. "Anyone hoping to understand the sometimes precarious state of privacy in modern America should start by reading this book."--Washington Post Book World "Skillfully weaves together unfamiliar, dramatic case histories...a book with impressive breadth."--Time
More than 80 years ago, U.S. Supreme Court Justice Louis D. Brandeis called the right to privacy "the most comprehensive of rights and the right most valued by civilized men." The idea of privacy includes the ability to control one's personal information, protection from intrusive law enforcement, and freedom from the prying eyes of others. Today, however, this right is being challenged in many ways. In addition to discussing the Fourth Amendment's guarantee of protection from unreasonable searches and seizures, The Right to Privacy examines issues pertaining to the media's need to gather news, the government's power to conduct surveillance, employers' ability to monitor and control the workplace, and the ways technology has challenged this fundamental American right.
Defining and valuing the right to privacy -- Unfortunately, everyone cannot be trusted to behave well if let alone -- Too much official invasion of privacy harms the public interest -- Civilized life requires the exchange of information to unfair advantage -- A free society depends on the right to learn and share information without undue secrecy -- There are things nobody else has a right to learn from a person who wishes to keep them private.
Book Protection of Information and the Right to Privacy - A New Equilibrium? Description/Summary:
This book presents the latest research on the challenges and solutions affecting the equilibrium between freedom of speech, freedom of information, information security and the right to informational privacy. Given the complexity of the topics addressed, the book shows how old legal and ethical frameworks may need to be not only updated, but also supplemented and complemented by new conceptual solutions. Neither a conservative attitude (“more of the same”) nor a revolutionary zeal (“never seen before”) is likely to lead to satisfactory solutions. Instead, more reflection and better conceptual design are needed, not least to harmonise different perspectives and legal frameworks internationally. The focus of the book is on how we may reconcile high levels of information security with robust degrees of informational privacy, also in connection with recent challenges presented by phenomena such as “big data” and security scandals, as well as new legislation initiatives, such as those concerning “the right to be forgotten” and the use of personal data in biomedical research. The book seeks to offer analyses and solutions of the new tensions, in order to build a fair, shareable and sustainable balance in this vital area of human interactions.
American courts have shaped, debated, honored, and protected our right to privacy for more than two hundred years. This compelling resource reviews the constitutional roots of the right to privacy, from the Fourth Amendment's protection against unreasonable searches to the Fourteenth Amendment's guarantee of personal liberty. The court cases presented show how privacy rights apply in nearly every area of our lives--at school, at work, in our homes, in our personal communications, in our doctor's offices, and in our relationships. They also demonstrate how privacy rights have evolved in a high-tech, complex world.
To what extent is the individual protected from arbitrary and unreasonable intrusions into his personal privacy by the Bill of Rights and the Fourteenth Amendment? The aim of Dr. Beckenridge's study is to answer this question, which is of such crucial relevance in America today. The Right to Privacy is based upon the belief that the individual has the right to determine the degree to which he wishes to share of himself with others and has control over the time, place, and circumstances in which he communicates with others; that he has the right to withdraw or participate as he sees fit; and the right to control dissemination of information about himself. But since man lives in a community of others, inescapably he has the need to participate and communicate with others. When this apparent dichotomy is coupled with the recognized power of government, even in a democracy, to function for the public good, the question arises: to what extent and in what areas may an individual's personal affairs be exposed without his knowledge or consent? Sooner or later it becomes the business of judges to determine the limits of individual privacy claims, and it is to the decisions and opinions of judges, primarily of the United States Supreme Court, that one must look to find the status of claims of a right to privacy?what has been called man's "right to be let alone." In determining how far the United States government has gone in invading the right to privacy?and what it has done to protect that right?the author examines recent court decisions, especially those of the United States Supreme Court, and some court opinions as they interpret the Bill of Rights and the Fourteenth Amendment. He also scrutinizes the extension or incorporation of the Rights into the Fourteenth Amendment, and the relation of police power to individual rights. This timely study also demonstrates that some "rights" are superior to others and that they come info conflict--conflicts which still have to be resolved.
Book The Poverty of Privacy Rights Description/Summary:
The Poverty of Privacy Rights makes a simple, controversial argument: Poor mothers in America have been deprived of the right to privacy. The U.S. Constitution is supposed to bestow rights equally. Yet the poor are subject to invasions of privacy that can be perceived as gross demonstrations of governmental power without limits. Courts have routinely upheld the constitutionality of privacy invasions on the poor, and legal scholars typically understand marginalized populations to have "weak versions" of the privacy rights everyone else enjoys. Khiara M. Bridges investigates poor mothers' experiences with the state—both when they receive public assistance and when they do not. Presenting a holistic view of just how the state intervenes in all facets of poor mothers' privacy, Bridges shows how the Constitution has not been interpreted to bestow these women with family, informational, and reproductive privacy rights. Bridges seeks to turn popular thinking on its head: Poor mothers' lack of privacy is not a function of their reliance on government assistance—rather it is a function of their not bearing any privacy rights in the first place. Until we disrupt the cultural narratives that equate poverty with immorality, poor mothers will continue to be denied this right.
Book Surveillance and the Law Description/Summary:
Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. Surveillance and the Law analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy. By identifying the common tactics used in the expansion of surveillance around the globe, this book will appeal to students and scholars interested in privacy law, human rights, information technology law, and surveillance studies.
Warren and Brandeis's "The Right to Privacy," with 2010 Foreword by Steven Alan Childress, J.D., Ph.D., a senior law professor at Tulane University. Includes photos and rare news clippings. Part of the "Legal Legends Series" by Quid Pro Books. The most influential piece of legal scholarship, many scholars say, is this 1890 "Harvard Law Review" article by two Boston lawyers (one of whom later became a legendary Supreme Court Justice). Warren and Brandeis created -- by cleverly weaving strands of precedent, policy, and logic -- the legal concept of privacy and the power of legal protection for that right. Their clear and effective prose stands the test of time, and influenced such modern notions as "inviolate personality" and law's "elasticity." They saw the threat of new technology. Most of all, they asserted the fundamental "right to be let alone," and its implications to modern law are profound. Their privacy concept has grown over the decades, now raising issues about abortion, drug testing, surveillance, sexual orientation, free speech, the "right to die," and medical confidentiality. All these spinoffs trace their origins to this master work. It is simply one of the most significant parts of the modern canon of law, politics, and sociology. The extensive new Foreword by Professor Childress shares not only this import and effect, but also the fascinating backstory behind the article. Its origins are found in Warren's own prickly experiences with the press and the "paparazzi" of the day, famously after their reports about and photos of his family weddings.
Who controls how one’s identity is used by others? This legal question, centuries old, demands greater scrutiny in the Internet age. Jennifer Rothman uses the right of publicity—a little-known law, often wielded by celebrities—to answer that question, not just for the famous but for everyone. In challenging the conventional story of the right of publicity’s emergence, development, and justifications, Rothman shows how it transformed people into intellectual property, leading to a bizarre world in which you can lose ownership of your own identity. This shift and the right’s subsequent expansion undermine individual liberty and privacy, restrict free speech, and suppress artistic works. The Right of Publicity traces the right’s origins back to the emergence of the right of privacy in the late 1800s. The central impetus for the adoption of privacy laws was to protect people from “wrongful publicity.” This privacy-based protection was not limited to anonymous private citizens but applied to famous actors, athletes, and politicians. Beginning in the 1950s, the right transformed into a fully transferable intellectual property right, generating a host of legal disputes, from control of dead celebrities like Prince, to the use of student athletes’ images by the NCAA, to lawsuits by users of Facebook and victims of revenge porn. The right of publicity has lost its way. Rothman proposes returning the right to its origins and in the process reclaiming privacy for a public world.
Rapid technological change, the advent of Big Data, and the creation of society-wide government surveillance programs have transformed the accessibility of highly personal information; these developments have highlighted the ambiguous treatment of privacy and personal intimacy. National legal systems vouchsafe and define "privacy," and its first cousin "dignity," in different ways that reflect local legal and cultural values. Yet, in an increasingly globalized world, purely local protection of privacy interests may prove insufficient to safeguard effectively fundamental autonomy interests - interests that lie at the core of self-definition, personal autonomy, and freedom. Privacy Revisited articulates the legal meanings of privacy and dignity through the lens of comparative law, and argues that the concept of privacy requires a more systematic approach if it is to be useful in framing and protecting certain fundamental autonomy interests. The book begins by providing relevant, and reasonably detailed, information about both the substantive and procedural protections of privacy/dignity in the U.S., Canada, South Africa, the United Kingdom, and among Council of Europe member states. Second, the book explores the inherent tension between affording significant legal protection to the right of privacy (or human dignity) and securing expressive freedoms, notably including the freedom of speech and of the press. The author then posits that the protection of privacy helps to illuminate some of the underlying social and political values that lead the U.S. to fail to protect privacy as reliably or as comprehensively as other liberal democracies. Finally, the book establishes that although privacy and speech come into conflict with some regularity, it is both useful and necessary to start thinking about the important ways in which both rights are integral to the maintenance of democratic self-government.
Richard F. Hixson,Professor of Journalism and Mass Communiations Richard F Hixson,Richard P. Hixon
Author : Richard F. Hixson,Professor of Journalism and Mass Communiations Richard F Hixson,Richard P. Hixon
Publisher : Oxford University Press, USA
Release : 1987
Category : Privacy, Right of
ISBN : UOM:39015014774825
Book Privacy in a Public Society Description/Summary:
Looks at the conflict between individual privacy and an open democratic society, discusses the historical precedence for the right of privacy, and considers publicity rights, copyright law, and specific cases
Book Privacy as a Constitutional Right Description/Summary:
This book presents in understandable terms what the law of constitutional privacy is in the United States. It deals with issues such as sex, abortion, drug testing, and the right to die. It provides a comprehensive discussion of the historical, philosophical, and legal foundations of the constitutional right to privacy. It also explores where constitutional privacy might be going in the years to come. The conflict between the right to privacy and the right of free press is also discussed with a complete discussion of recent Supreme Court decisions that have changed the face of this area of the law.