Rethinking the Right of Privacy: Dignity Decency and the Law’s Limitations
Sheldon W. Halpern
Albany Law School
Rutgers Law Review, Vol. 43, No. 539, 1991
This essay, part of a festschrift in honor of the late Edward Bloustein, expands on the ideas presented in the introduction to a symposium commemorating the one-hundredth anniversary of the publication of Warren’s and Brandeis’s The Right to Privacy. The theme is the difficulty in crafty legal recognition of the Warren and Brandeis right of privacy, essentially recognition of an interest in human decency and dignity, without impermissible infringement upon freedom of speech. It concludes, sadly, that such recognition of these important interests, a function of the fluidity of human interaction, cannot be based on a purely legal construct.
Number of Pages in PDF File: 25
Date posted: June 3, 2010