7 hours 2 minutes
Hey everyone, Welcome back to the course,
I'm Chris Davis and I'm cyberia instructor for US
Information privacy course.
You know, in less than 1.3, we're going to examine
a landmark essay written by
Salmon Warren and louis BRANDEIS and the Harvard Law Review
On December 15, 1890 entitled The Right to Privacy.
This essay, you know, many believe for the first time really examined
the role of privacy
as it applied to common large practice at the turn of the century.
You know, it was uh Louis BRANDEIS and Samuel warn, there were somewhat Despatie about the dismayed about the lack of
privacy protections that americans had
under common law.
They were concerned about the intrusive nature of
newspapers, yellow journalism.
They were concerned about the advances in technology,
the ability to take photographs without consent and then use that information. Oftentimes for financial purposes,
they were equally concerned about
the lack of privacy protections from privacy harms and privacy invasions that were created about the invasion of an individual's
Now, initially, when they wrote this essay,
you know, they first examined uh
you know, property and the self. And then later that extended the private
As always, we're gonna have learning objectives,
We're going to delve into warren and BRANDEIS is uh right to privacy. Later, these men would become Supreme Court justices,
we'll examine the invasion of privacy and then we're talking about
Common law and privacy.
So let's delve into it. You know, this essay itself
really shared like that individuals at times because of malicious intent,
victims of embarrassment, mental anguish
had didn't have the appropriate protections under common law in the United States,
although, you know, we had defamation law at the time. Still it was hard for individuals.
American citizens that have been harmed in the mentions that I previously mentioned
to have redress under the law.
And so what worn and brand guys,
you know, positive was that again, from a common law perspective that, you know, courts needed to look more closely at the impact of these privacy invasions, privacy harms on the average american citizen,
as I stated previously. Again, they examine and stated that under common law, you know, you have protections in person and in property
and even in looking at intellectual property itself, there were some protections, but they didn't think they went far enough
to protect us from. Again, like I said, malicious intent,
and other types of privacy harms,
you know, was
warren and BRANDEIS that looked to british common law cases as well as to
american common law cases to support their argument.
You know, it was really as you move through the S. A it was a focus on intellectual property
and, you know, their determination was that in certain cases, you know, the invasive nature of
the news media,
the ability to, you know, make use of this information, images, photographs,
um, didn't provide the adequate privacy protections
for american citizens.
Now, they later stated in the essay that,
uh, you know, it would take probably an act of Congress
to amend the law, Common law
to incorporate these practices,
but they realized that it might be
a bridge too far
here in the United States, because to
addresses from a criminal
they highlighted that the french had made it possible and incorporate into their version of common law, the ability for french citizens to find protections under the law
for the invasion of someone's privacy.
You know, malicious publishing in the newspapers
of content that could embarrass an individual or cost
uh, mental anguish.
But those rights did not exist here in the United States, especially as it applied to certain types of communications.
you know, we saw this,
you know, over the years, and what Warren and BRANDEIS suggests it was that,
you know, especially as it applied to defamation law,
um, the remedies for those private invasion themselves.
No, it could be something that looked at from defamation. You know, casting someone in a false light,
you know, slander and libel, giving them some type of protections.
This is an extremely
You know, what it highlights is that, you know, here in the United States at the turn of the 20th century,
that there was a strong argument for american citizens to have
privacy protections here in the United States under the law
and under common law.
And so what Warren and BRANDEIS had hoped was that over time that we would have common law evolved
when we had the societal changes. As I mentioned earlier,
technological advances, like the ability to take photos
and ensure that in those cases that we had as average americans more controls over how that information was being used.
I encourage you to read the essay.
It's a great read.
It's a little over 7000 words and so it won't take all day to read it. But I think it's important for privacy professionals to understand the intent
uh and desire of Warren and BRANDEIS as it applied to privacy protections under american common law.
As always, we're gonna have a series of questions
Question one asked which landmark asset at BRANDEIS and Warren published in the Harvard Law Review.
You don't have to know the date, December 15, 1890.
that would be being
and summary this landmark essay really examined
the protections under american common law that individuals have when they experience a privacy invasion or privacy harm,
they might result in embarrassment,
that might have been done out of spite
or malice, as we've seen with yellow journalism.
And so what they wanted was, you know, the course you look at
evolving common law provide american cities with with greater privacy protections.
Now again, warren and BRANDEIS were realist.
They understood that, you know, it would take an act of Congress really to pass those laws that give greater protection to american citizens,
and also in the cases of, you know, men in criminal law, they thought that that might be a bridge too far.
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