The Supreme Court Battle over Privacy and Press Freedom
Author: Samantha Barbas
Publisher: Stanford University Press
In 1952, the Hill family was held hostage by escaped convicts in their suburban Pennsylvania home. The family of seven was trapped for nineteen hours by three fugitives who treated them politely, took their clothes and car, and left them unharmed. The Hills quickly became the subject of international media coverage. Public interest eventually died out, and the Hills went back to their ordinary, obscure lives. Until, a few years later, the Hills were once again unwillingly thrust into the spotlight by the media—with a best-selling novel loosely based on their ordeal, a play, a big-budget Hollywood adaptation starring Humphrey Bogart, and an article in Life magazine. Newsworthy is the story of their story, the media firestorm that ensued, and their legal fight to end unwanted, embarrassing, distorted public exposure that ended in personal tragedy. This story led to an important 1967 Supreme Court decision—Time, Inc. v. Hill—that still influences our approach to privacy and freedom of the press. Newsworthy draws on personal interviews, unexplored legal records, and archival material, including the papers and correspondence of Richard Nixon (who, prior to his presidency, was a Wall Street lawyer and argued the Hill family's case before the Supreme Court), Leonard Garment, Joseph Hayes, Earl Warren, Hugo Black, William Douglas, and Abe Fortas. Samantha Barbas explores the legal, cultural, and political wars waged around this seminal privacy and First Amendment case. This is a story of how American law and culture struggled to define and reconcile the right of privacy and the rights of the press at a critical point in history—when the news media were at the peak of their authority and when cultural and political exigencies pushed free expression rights to the forefront of social debate. Newsworthy weaves together a fascinating account of the rise of big media in America and the public's complex, ongoing love-hate affair with the press.
Privacy and Publicity in America
Author: Samantha Barbas
Publisher: Stanford University Press
Americans have long been obsessed with their images—their looks, public personas, and the impressions they make. This preoccupation has left its mark on the law. The twentieth century saw the creation of laws that protect your right to control your public image, to defend your image, and to feel good about your image and public presentation of self. These include the legal actions against invasion of privacy, libel, and intentional infliction of emotional distress. With these laws came the phenomenon of "personal image litigation"—individuals suing to vindicate their image rights. Laws of Image tells the story of how Americans came to use the law to protect and manage their images, feelings, and reputations. In this social, cultural, and legal history, Samantha Barbas ties the development of personal image law to the self-consciousness and image-consciousness that has become endemic in our media-saturated culture of celebrity and consumerism, where people see their identities as intertwined with their public images. The laws of image are the expression of a people who have become so publicity-conscious and self-focused that they believe they have a right to control their images—to manage and spin them like actors, politicians, and rock stars.
Supreme Court Opinions, Public Arguments, and Affirmative Action
Author: M. Kelly Carr
Publisher: MSU Press
Category: Language Arts & Disciplines
Despite the tepid reception of Regents of the University of California v. Bakke in 1978, the Supreme Court has thrice affirmed its holding: universities can use race as an admissions factor to achieve the goal of a diverse student body. This book examines the process of rhetorical invention followed by Justice Lewis F. Powell Jr., his colleagues, and other interlocutors as they sifted through arguments surrounding affirmative action policies to settle on diversity as affirmative action’s best constitutional justification. Here M. Kelly Carr explores the goals, constraints, and argumentative tools of the various parties as they utilized the linguistic resources available to them, including arguments about race, merit, and the role of the public university in civic life. Using public address texts, legal briefs, memoranda, and draft opinions, Carr looks at how public arguments informed the amicus briefs, chambers memos, and legal principles before concluding that Powell’s pragmatic decision making fused the principle of individualism with an appreciation of multiculturalism to accommodate his colleagues’ differing opinions. She argues that Bakke is thus a legal and rhetorical milestone that helped to shift the justificatory grounds of race-conscious policy away from a recognition of historical discrimination and its call for reparative equality, and toward an appreciation of racial diversity.
The American Women Who Forged a Right to Privacy
Author: Jessica Lake
Publisher: Yale University Press
A compelling account of how women shaped the common law right to privacy during the late nineteenth and early twentieth centuries Drawing on a wealth of original research, Jessica Lake documents how the advent of photography and cinema drove women--whose images were being taken and circulated without their consent--to court. There they championed the creation of new laws and laid the groundwork for America's commitment to privacy. Vivid and engagingly written, this powerful work will draw scholars and students from a range of fields, including law, women's history, the history of photography, and cinema and media studies.
How Wall Street Helped Richard Nixon Win the White House
Author: Victor Li
Publisher: Rowman & Littlefield
This book details Richard Nixon’s years as a lawyer on Wall Street as a time of rebirth and reinvention, and how his firm served as a springboard to his successful comeback in 1968.
Author: Daniel J. Solove,Paul M. Schwartz
Publisher: Wolters Kluwer Law & Business
This text offers a clear, comprehensive, and cutting-edge introduction to the field of information privacy law, with the latest cases and materials exploring issues of emerging technology and information privacy. Extensive background information and authorial guidance provide clear and concise introductions to various areas of law. The Sixth Edition of Information Privacy Law has been revised to include the General Data Protection Regulation, Spokeo, and many other new developments. Key Benefits: Updated cases, including those involving Hulu, Apple, Google, Snapchat, and others along with the Supreme Court ruling on Spokeo, Inc. v. Robins. New coverage of FTC and HHS enforcement actions. Extensive coverage of FTC privacy enforcement, HIPAA and HHS enforcement, standing in privacy lawsuits, among other topics. Chapters devoted exclusively to data security, national security, employment privacy, and education privacy. Sections on government surveillance and freedom to explore ideas. Extensive coverage of the NSA and the Snowden revelations and the ensuing litigation.
How Privacy and Paparazzi Threaten a Free Press
Author: Amy Gajda
Publisher: Harvard University Press
For decades, privacy took a back seat to the public’s right to know. But as the Internet and changing journalism have made it harder to distinguish news from titillation, U.S. courts are showing new resolve in protecting individuals from invasive media scrutiny. As Amy Gajda shows, this judicial backlash is now impinging on mainstream journalists.
Author: Aslı Ü. Bâli,Hanna Lerner
Publisher: Cambridge University Press
What role do and should constitutions play in mitigating intense disagreements over the religious character of a state? And what kind of constitutional solutions might reconcile democracy with the type of religious demands raised in contemporary democratising or democratic states? Tensions over religion-state relations are gaining increasing salience in constitution writing and rewriting around the world. This book explores the challenge of crafting a democratic constitution under conditions of deep disagreement over a state's religious or secular identity. It draws on a broad range of relevant case studies of past and current constitutional debates in Europe, Asia, Africa and the Middle East, and offers valuable lessons for societies soon to embark on constitution drafting or amendment processes where religion is an issue of contention.
Life Beyond the Human
Author: Irus Braverman
Technologies like CRISPR and gene drives are ushering in a new era of genetic engineering, wherein the technical means to modify DNA are cheaper, faster, more accurate, more widely accessible, and with more far-reaching effects than ever before. These cutting-edge technologies raise legal, ethical, cultural, and ecological questions that are so broad and consequential for both human and other-than-human life that they can be difficult to grasp. What is clear, however, is that the power to directly alter not just a singular form of life but also the genetics of entire species and thus the composition of ecosystems is currently both inadequately regulated and undertheorized. In Gene Editing, Law, and the Environment, distinguished scholars from law, the life sciences, philosophy, environmental studies, science and technology studies, animal health, and religious studies examine what is at stake with these new biotechnologies for life and law, both human and beyond.
The Case Against Modern Marketing
Author: Mark Bartholomew
Publisher: Stanford University Press
Advertising is everywhere. By some estimates, the average American is exposed to over 3,000 advertisements each day. Whether we realize it or not, "adcreep"—modern marketing's march to create a world where advertising can be expected anywhere and anytime—has come, transforming not just our purchasing decisions, but our relationships, our sense of self, and the way we navigate all spaces, public and private. Adcreep journeys through the curious and sometimes troubling world of modern advertising. Mark Bartholomew exposes an array of marketing techniques that might seem like the stuff of science fiction: neuromarketing, biometric scans, automated online spies, and facial recognition technology, all enlisted to study and stimulate consumer desire. This marriage of advertising and technology has consequences. Businesses wield rich and portable records of consumer preference, delivering advertising tailored to your own idiosyncratic thought processes. They mask their role by using social media to mobilize others, from celebrities to your own relatives, to convey their messages. Guerrilla marketers turn every space into a potential site for a commercial come-on or clandestine market research. Advertisers now know you on a deeper, more intimate level, dramatically tilting the historical balance of power between advertiser and audience. In this world of ubiquitous commercial appeals, consumers and policymakers are numbed to advertising's growing presence. Drawing on a variety of sources, including psychological experiments, marketing texts, communications theory, and historical examples, Bartholomew reveals the consequences of life in a world of non-stop selling. Adcreep mounts a damning critique of the modern American legal system's failure to stem the flow of invasive advertising into our homes, parks, schools, and digital lives.
A Biography of Louella Parsons
Author: Samantha Barbas
Publisher: Univ of California Press
Category: Biography & Autobiography
A biography of Louella Parsons, America's premiere movie gossip columnist from 1915 to 1960, chronicles her reign over Hollywood during the studio era, her lifelong alliance with William Randolph Hearst, and her complex and turbulent relationships.
Stars, Fans, and the Cult of Celebrity
Author: S. Barbas
While the impact that legendary actors and actresses have had on the development of the Hollywood film industry is well known, few have recognised the power of movie fans on shaping the industry. This books redresses that balance, and is the first study of Hollywood's golden era to examine the period from the viewpoint of the fans. Using fan club journals, fan letters, studio production records, and other previously unpublished archival sources, Samantha Barbas reveals how the passion, enthusiasm, and ongoing activism of film fans in Hollywood's golden era transformed early cinema, the modern mass media and American popular culture.
Emerging Legal Issues and Applications
Author: Peter W. Blair (Jr)
Publisher: Lawyers & Judges Publishing
Category: Human trafficking
"This book proposes unique solutions to human trafficking in the United States, Australia, and Europe that can be applied elsewhere in the world. It explores the intersection of human trafficking with other phenomena such as cults, drug trafficking, human rights, and gender issues. Importantly, this book unveils the cutting-edge Social Influence Model for admitting evidence of undue influence and coercion into court when trafficking victims find themselves on the wrong side of a prosecution."--Back cover.
Author: Raymond Wacks
Publisher: OUP Oxford
Freedom of expression is a fundamental right at the heart of any democratic society. It is, however, inevitably restricted by other important values, including the right to privacy: the control individuals exercise over their sensitive personal information. The English law, since the enactment of the Human Rights Act 1998, has undergone a tectonic shift in its recognition of this right protected by Article 8 of the European Convention on Human Rights (ECHR) which the Act assimilated into domestic law. The new civil wrong, 'misuse of private information,' now affords greater protection to an individual's 'private and family life, home and correspondence.' The press is, of course, no longer the principal purveyor of news and information. The Internet offers abundant opportunities for the dissemination of news and opinions, including the publication of intimate, private facts. Social media, blogs, and other online sites are accessible to all. Indeed, the fragility of privacy online has led some to conclude that it is no longer capable of legal protection. This book examines the right of privacy from a legal, philosophical, and social perspective, tracing its genesis in the United States, through the development of the law of confidence, and its recent recognition by the Human Rights Act. The English courts have boldly sought to offer refuge from an increasingly intrusive media. Recent years have witnessed a deluge of civil suits by celebrities seeking to salvage what remains of their privacy. An extensive body of case law has appeared in many common law jurisdictions over the last decade, which shows no sign of abating. The Leveson Inquiry into the culture, practices, and ethics of the press, sparked by the hacking of telephones by newspapers, revealed a greater degree of media intrusion than was previously evident. Its conclusions and recommendations, particularly regarding the regulation of the media, are examined, as well as the various remedies available to victims of intrusion and unsolicited publicity. The law is locked in a struggle to reconcile privacy and free speech, in the face of relentless advances in technology. The manner in which courts in various jurisdictions have attempted to resolve this conflict is critically investigated, and the prospects for the protection of privacy are considered.
Author: Martha Craven Nussbaum
Publisher: Harvard University Press
The Internet has been romanticized as a zone of freedom. The alluring combination of sophisticated technology with low barriers to entry and instantaneous outreach to millions of users has mesmerized libertarians and communitarians alike. Lawmakers have joined the celebration, passing the Communications Decency Act, which enables Internet Service Providers to allow unregulated discourse without danger of liability, all in the name of enhancing freedom of speech. But an unregulated Internet is a breeding ground for offensive conduct. At last we have a book that begins to focus on abuses made possible by anonymity, freedom from liability, and lack of oversight. The distinguished scholars assembled in this volume, drawn from law and philosophy, connect the absence of legal oversight with harassment and discrimination. Questioning the simplistic notion that abusive speech and mobocracy are the inevitable outcomes of new technology, they argue that current misuse is the outgrowth of social, technological, and legal choices. Seeing this clearly will help us to be better informed about our options. In a field still dominated by a frontier perspective, this book has the potential to be a real game changer. Armed with example after example of harassment in Internet chat rooms and forums, the authors detail some of the vile and hateful speech that the current combination of law and technology has bred. The facts are then treated to analysis and policy prescriptions. Read this book and you will never again see the Internet through rose-colored glasses.
History, Culture and Design
Author: Marion McGarry
A historical and cultural study of the Irish cottage. This fully illustrated book examines the evolution of the rural Irish cottage in the period 1860-1960, exploring the subject in a holistic context and discussing how Irish history, society, politics, and culture shaped the design of these dwellings.
Author: Joseph Hayes
Category: American literature
The experiences of the Hilliards, a family threatened by threeescaped convicts who take over their home and hold the family as hostages.
The Battle for Personal Privacy in the Courts, the Media, and Society
Author: Gini Gramam Scott
Today, personal privacy is becoming a thing of the past due to the information revolution, the intrusive gossip hungry media, and other social and technological developments making everyone's life an open book. As a result, individuals and organized groups have been fighting to create more privacy protections from those seeking to invade their privacy and learn information about them, which can quickly be spread worldwide due to the power of the Internet.The Death of Privacy raises intriguing questions about an individual's desire for the right to privacy versus Big Brother's "right to know". For example: May an employer inquire about an employee's personal history beyond details that may affect job performance? Just how far can the press go in revealing anything about anyone? Can the police demand to search your home or car as part of an official investigation in your neighborhood? What privacy protection exists if your name and address are obtained by marketers and mailing list companies? How do the "new technologies"-cellular phones, faxes, e-mail, computer bulletin boards-influence the overall future of privacy? Dr. Gini Graham Scott, a nationally recognized expert on personal privacy and other related issues, gives a thoughtful overview of privacy battles in and out of the courtroom that have directly influenced what can remain private. In addition, this book shows the growing impact of print and broadcast media from the early privacy skirmishes generated by the press back in the late 1800s through the mid1990s, which turned today's media into tabloid journalism.The Death of Privacy steers an objective course in explaining the varying views on both sides of the battles, while advocating the right of individuals to maintain as much personal privacy protection of possible. This book will be of importance to anyone who wants to understand the decline of personal privacy today, and will be of special interest to sociologists, legal and medical professionals, politicians, historians, and individual rights' advocates, still fighting for personal privacy today.