Common law notion that each individual has right to

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Common law notion that each individual has right to determine “to what extent his thoughts, sentiments, and emotions shall be communicated to others.” Limitations: Did not apply to matters of public or general interest (i.e. campaigns). Right is lost when information becomes part of public domain. Historical Justification Explosion of mass media in the United States – new forms of information use o “yellow journalism” or “new journalism” o Emphasize the curious dramatic and unusual Excesses of newspapers and photographers in using images of people and information – gossip. Marion Manola v. Stevens & Myers o Photographs of an individual used without consent. o Ruled to violate rights and withheld from being printed. For Warren and Brandeis, Mechanical devices threaten private and domestic life. Privacy came into being to keep American democracy in step with its own inventiveness. Privacy notion meant to reflect a deeper instinct in the Common Law Privacy meant to preserve an individuals “inviolate personality” in a society that placed a premium on the individual. Laws enacted - No… Unlawful appropriation of an individuals name or likeness Unreasonable intrusion into the solitude or seclusion of another Public disclosure of truthful but embarrassing facts Publicity that places a plaintiff in a false light in the public eye Control of information about oneself is critical in determining how and when others will perceive us, which is in turn essential to maintaining our individual personalities. Fourth Amendment Privacy
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Search and Seizure privacy English law – “A man’s house is his castle” Prohibition of quartering of soldiers in Constitution Warrants for searches and seizures Definition - Olmstead v. United States Wiretapping case, majority allowed wiretapping because it wasn’t a physical trespass. Brandeis dissent o Subtler and far more reaching means of invading privacy have become available to the Government o Change in society should yield a change in the interpretation of the law o Original draft warns of Television as well, though taken out. Historical Catalyst Electronic surveillance devices Nardone v United States – wiretaps were illegal Congress heatedly debated their use, and per a Secret Executive Order, FBI still used in “situations involving national defense.” Attempts by states to curb wiretapping were ineffective Lyndon Johnson stated wiretaps should be outlawed in his State of the Union (1967) Acceptance of 4 th Amendment Privacy Silverman v. United States (1961) o Unanimous court disallowed use of a mike driven into the wall of a house o Still, however, clung to a notion of “physical trespass” Katz v. United States (1967) o Disallowed use of tap outside a phone booth.
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  • Spring '14
  • MortonHorowitz
  • Supreme Court of the United States, Fourth Amendment to the United States Constitution, United States Bill of Rights

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