Unless you’ve been living under a rock, you’ve seen that the right to privacy has been in the news.
We’ve been here before, about 100 years ago. And back then, the new technology that had the potential to destroy personal privacy included telephone directories, newspaper reporters, telephone wiretaps and photography.
Do you have a right to privacy, and if so, what is the exact legal reasoning for that?
In fact, the phrase “right to privacy” was the title of a famous Harvard law review article written by future supreme court Justice Louis Brandeis. Brandeis also repeated much of this article’s legal reasoning from the bench when he later became a member of the Supreme Court. This view has not always prevailed however, but it is one of the most influential and comprehensive statements of the right to privacy written in American legal literature.