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ERIC Number: ED196007
Record Type: RIE
Publication Date: 1977
Pages: 42
Abstractor: N/A
Reference Count: 0
The Private Lives of Public Officials: Can the Right of Privacy Survive the First Amendment?
McKerns, Joseph P.
The right of privacy versus the public's right to know as protected by the First Amendment is discussed in this paper. A formula is suggested based on Alexander Meiklejohn's interpretation that information about any individual, either a public official or a private person, would be protected as part of the public domain of knowledge if it is required by the public to fulfill its self-governing responsibility. Also supported is the concept that regardless of an individual's status in society, the communication of private information not relevant to the public's self-governing needs could be restricted through established procedures of due process. The paper argues that the determining factor is the nature of the information in question and its relevance to self-government and not the nature, or status, of the individual who seeks to keep the information private. It is stated that the right of privacy is the best guarantee of refuge against the impersonal and dehumanizing forces of contemporary society. (MKM)
Publication Type: Information Analyses
Education Level: N/A
Audience: N/A
Language: English
Sponsor: N/A
Authoring Institution: N/A