Your SlideShare is downloading. ×
0
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Privacy and the Press
Upcoming SlideShare
Loading in...5
×

Thanks for flagging this SlideShare!

Oops! An error has occurred.

×
Saving this for later? Get the SlideShare app to save on your phone or tablet. Read anywhere, anytime – even offline.
Text the download link to your phone
Standard text messaging rates apply

Privacy and the Press

1,514

Published on

From Brandeis to Roe v. Wade, a brief history of a troublesome right.

From Brandeis to Roe v. Wade, a brief history of a troublesome right.

1 Comment
0 Likes
Statistics
Notes
  • excellent powerpoint!!!
       Reply 
    Are you sure you want to  Yes  No
    Your message goes here
  • Be the first to like this

No Downloads
Views
Total Views
1,514
On Slideshare
0
From Embeds
0
Number of Embeds
2
Actions
Shares
0
Downloads
12
Comments
1
Likes
0
Embeds 0
No embeds

Report content
Flagged as inappropriate Flag as inappropriate
Flag as inappropriate

Select your reason for flagging this presentation as inappropriate.

Cancel
No notes for slide

Transcript

  • 1. Privacy and the press
    From Brandeis to Roe v. Wade,a brief history of a troublesome right
  • 2. Journalists and privacy
    The press wants information to be public
  • 3. Journalists and privacy
    The press wants information to be public
    Freedom of Information Act sometimes intrudes on privacy
  • 4. Journalists and privacy
    The press wants information to be public
    Freedom of Information Act sometimes intrudes on privacy
    Truth is a defense in libel, but not in invasion of privacy
  • 5. Journalists and privacy
    The press wants information to be public
    Freedom of Information Act sometimes intrudes on privacy
    Truth is a defense in libel, but not in invasion of privacy
    Privacy law exists somewhere between libel and copyright law
  • 6. Privacy and the Constitution
    No explicit guarantee
  • 7. Privacy and the Constitution
    No explicit guarantee
    Griswold v. Connecticut established a beachhead
  • 8. Privacy and the Constitution
    No explicit guarantee
    Griswold v. Connecticut established a beachhead
    Roe v. Wade extended right of privacy
  • 9. Louis D. Brandeis
    Saw Constitution as an evolving document
  • 10. Louis D. Brandeis
    Saw Constitution as an evolving document
    Encountered anti-Semitism when named to the Supreme Court
  • 11. Louis D. Brandeis
    Saw Constitution as an evolving document
    Encountered anti-Semitism when named to the Supreme Court
    Friend of First Amendment
  • 12. The Right to Privacy (1890)
    Co-authored with partner Samuel Warren
  • 13. The Right to Privacy (1890)
    Co-authored with partner Samuel Warren
    Law grows in response to social change
    Right to life includes right to be left alone
    Right to liberty includes “civil privileges”
    “Property” now refers to intangibles
  • 14. The Right to Privacy (1890)
    Co-authored with partner Samuel Warren
    Law grows in response to social change
    Right to life includes right to be left alone
    Right to liberty includes “civil privileges”
    “Property” now refers to intangibles
    New technology calls for new remedies
  • 15. A unique legal solution
    Libel laws inadequate because a violation of privacy is “spiritual” rather than “material”
  • 16. A unique legal solution
    Libel laws inadequate because a violation of privacy is “spiritual” rather than “material”
    They propose that copyright laws be adapted to cover privacy violations
  • 17. A unique legal solution
    Libel laws inadequate because a violation of privacy is “spiritual” rather than “material”
    They propose that copyright laws be adapted to cover privacy violations
    One’s private life can be seen as part of his or her property
  • 18. Six principles
    1. “The right to privacy does not prohibit any publication of matter which is of public or general interest”
  • 19. Six principles
    2. “The right to privacy does not prohibit the communication of any matter, though in its private nature, when the publication is made under circumstances which would render it a privileged communication according to the law of slander and libel”
  • 20. Six principles
    3. “The law would probably not grant any redress for the invasion of privacy by oral publication in the absence of special damage. … The injury resulting from such oral communications would ordinarily be so trifling that the law might well, in the interest of free speech, disregard it altogether”
  • 21. Six principles
    4. “The right to privacy ceases upon the publication of the facts by the individual, or with his consent”
  • 22. Six principles
    5. “The truth of the matter published does not afford a defence”
  • 23. Six principles
    6. “The absence of ‘malice’ in the publisher does not afford a defence”
  • 24. Proposed remedies
    Civil lawsuits
  • 25. Proposed remedies
    Civil lawsuits
    Restraining orders
  • 26. Proposed remedies
    Civil lawsuits
    Restraining orders
    They suggest criminal penalties, too
  • 27. Olmstead v. U.S. (1928)
    An early wiretapping case
  • 28. Olmstead v. U.S. (1928)
    An early wiretapping case
    Taft’s majority decision relies on doctrine of original intent
  • 29. Olmstead v. U.S. (1928)
    An early wiretapping case
    Taft’s majority decision relies on doctrine of original intent
    Brandeis: “Discovery and invention have made it possible for the government, by means far more effective than stretching upon the rack, to obtain disclosure in court of what is whispered in the closet”

×