Remedies for Breach of Privacy: A Study of a Different Hedgehog

28 Pages Posted: 5 Mar 2018  

David F. Partlett

Emory University School of Law

Date Written: 2018

Abstract

This article was written as stating and commenting on the American law of remedies in the tort law of privacy. It will appear in a book edited by Jason Varuhas and Nicole Moreham to be published in 2018 by Hart Publishing (UK). After examining the theoretical basis of American remedies law with its differences from, and similarities to, the theoretical foundations in other common law and civil law jurisdictions, the paper probes the remedies as shaped by the substantive interests of protection of property and the autonomy enhancing purposes of privacy protection. Each of the traditional categories of the tortious protection of privacy as fashioned by William Prosser touch free speech interests. To the extent that privacy protections trench on those free speech interests, as realized in the US Supreme Court’s aggressive first amendment jurisprudence, the remedies are thus quite idiosyncratic compared with remedies elsewhere. For example injunctive relief is crimped and damages are constricted. The remedial law must be understood against the first amendment to which every other interest bends its knees.

Suggested Citation

Partlett, David F., Remedies for Breach of Privacy: A Study of a Different Hedgehog (2018). Emory Legal Studies Research Paper . Available at SSRN: https://ssrn.com/abstract=3132725 or http://dx.doi.org/10.2139/ssrn.3132725

David F. Partlett (Contact Author)

Emory University School of Law ( email )

1301 Clifton Road
Atlanta, GA 30322
United States
404-712-8815 (Phone)

Register to save articles to
your library

Register

Paper statistics

Downloads
67
rank
314,664
Abstract Views
214
PlumX