ERIC Number: ED176261
Record Type: RIE
Publication Date: 1979-Aug
Reference Count: 0
Historical Perspectives on Privacy.
Huttenstine, Marian L.
A number of court cases involving public disclosure of private information are described in this paper to point to historical trends involving the issue of privacy and to illustrate some of the problems with all aspects of the issue. After noting the conflict between the principle of individual privacy and the principle of free disclosure of truth, the paper discusses the article written by Samuel Warren and Louis Brandeis in 1890 that was to be seminal in the development of privacy law; describes court cases reflecting early judicial concern for a protectable right of privacy, as well as cases reflecting early denials of the right of privacy; and tells of circumstances leading to the formulation of the privacy doctrine. It then discusses privacy issues with regard to the information media, noting the growth and strength of protection for the media, and describes media-related cases involving four different torts of privacy: appropriation of information for commercial gain, intrusion of privacy, publication of private information, and publication of information in a false light. The paper concludes by noting that privacy has become more frequently litigated, that it has become a topic of considerable direct interest to the public at large, that the privacy doctrine closely reflects the social climate, and that the problems involved in the law of privacy are far from being resolved. (GT)
Publication Type: Historical Materials; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Note: Paper presented at the Annual Meeting of the Association for Education in Journalism (62nd, Houston, Texas, August 5-8, 1979)