Week Three: Legal History

Tuesday, January 31st

Read:

Notes:

Keywords: gossip, “right to be left alone,” “Prince Albert vs. Strange” “public or general interest limit”

Questions:

  • Warren and Brandeis argue that even though the consitution doesn’t explicitly say this, that there is a “right to privacy.” Do you think they are right? Do you think the Bill of Rights is really about privacy?
  • Compare the European Convention, and Universal Decleration’s stance on privacy, how does it differ from the American concept.

Thursday, February 2nd

Read:

  • “Chapter 4: Privacy and Freedom of Expression” Wack. Privacy: A Very Short Introduction

Notes:

Keywords: “Debate of Great Interest,” “Consequentalism vs Rights Based,” “Market Place of Ideas,” “Time, Inc. vs Hill”

Questions:

  • One: Where do you stand on Privacy versus Free Speech? What limits and boundaries ought to be set on these rights (or maybe you don’t think these are rights or there are limits)? In your answer be sure to frame your response in reference to Wacks, specifically in which approach you take (e.g. Consequentalism or Rights Based).
  • Two: What should we do about technology? How does a change in technology alter how we might think about balancing these two interests? Does the digital era mean we need to rethink our laws in regards balancing free speech and privacy? If so what do you think we should do?