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Unformatted text preview: at of private property and broader than that protected by the law of slander and libel which "are in their nature material rather than spiritual." Other authors have similarly emphasized the importance of privacy as respect for the dignity, integrity and autonomy of individuals. The second view is a more instrumentalist one. According to this view, without the protection of privacy, there is no possibility of intimacy, nor, therefore, of interpersonal relationships based on love and trust. Privacy also plays an important role in the relationship between the individual and the state, and restraining the power of the government to gather and use information about the private lives of individuals is seen as an important means of curbing totalitarian tendencies of the state. Recent articles have also emphasized the value of privacy for ensuring the participation of autonomous persons in a democratic society. A LOSS OF PRIVACY LEADS TO A LOSS OF INDIVIDUALITY Christopher Slobogin, "Symposium: Public privacy: camera surveillance of public places and the right to anonymity", Misissippi Law Journal, 2002. when technology enables the government to stare with an ever-vigilant and suspicious eye, the boundaries of the self may partly dissolve, reconstructed in the image chosen by Leviathan. . . . Regulation [of this technology] preserves the idea of a diverse, noisy America, where citizens are free to get lost in the crowd and where their sense of self stems from their chosen affiliations and actions rather than from the all-seeing gaze of the state." PRIVACY RIGHTS CHECK STATE CONTROL OVER INDIVIDUAL LIVES Kendall Thomas, Professor of Law, Columbia University, COLUMBIA LAW REVIEW, October 1992, p. 1497. In "The Right of Privacy," Jed Rubenfeld seeks to build an "anti-totalitarian" case against the constitutionality of the homosexual sodomy law upheld in Hardwick. Like Michelman, Professor Rubenfeld argues that the right to privacy is bes...
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This document was uploaded on 11/20/2013.
- Fall '13