Unformatted text preview: tion of homosexual sex has contributed to our evolution into a society that looks upon "homosexuals" as a distinct species of person, as opposed to a society in which individuals have a less rigid sexual orientation. Hence, saying that homosexuals remain free to exercise their suffrage in an attempt to overturn anti-homosexual laws begs the question. A similar point could be made with respect to laws forbidding interracial marriage. PERMITTING PRIVACY TO BE WAIVED IS PERMITTING FREEDOM TO BE WAIVED Anita L. Allen, Professor, University of Pennsylvania School of Law, WILLIAM & MARY LAW REVIEW, 40 Wm and Mary L. Rev. 723, March 1999, p. 752-753. Liberals should continue to urge that, to the extent possible, people must be free to exercise their judgment and live in accord with their own visions of the good life. We want government to be neutral, in the plausible way Dworkin suggested a number of years ago, between competing conceptions of the good. A conception of the good that permits privacy to be waived, however, is like a vision of the good that permits freedom to be waived. As liberals, we should not want people to sell all their freedom, and, as liberals, we should not want people to sell all their privacy and capacities for private choices. This is, in part, because the liberal conceptions of private choice as freedom from governmental and other outside interference with decisionmaking closely link privacy and freedom. The liberal conception of privacy as freedom from unwanted disclosures, publicity, and loss of control of personality also closely links privacy to freedom. I am not suggesting that Jenni should turn off her camera and sweep floors for her boyfriend, but I am suggesting that she should turn off her camera so that, free from the gaze of others, she can live a more genuinely expressive and independent life. I am also suggesting that regulatory measures aimed at curbing the culture of exposure for the sake of "forcing" people to love privacy and live privately would be cons...
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This document was uploaded on 11/20/2013.
- Fall '13