Tuesday, March 4, 2014

Question #3






Warren and Brandeis introduce the example of publishing a private letter.  Why do they introduce this example?  How does it help them move along their arguments about the right to privacy?  Do you agree with their claim based on this example?  Why?




They introduce the letter example to provide a foundation of an example to show how privacy is important. The example of a letter helps show that something someone makes should be kept private and not forced to be made public.  Warren and Brandeis state “The right to privacy does not prohibit any publication of matter which is of public or general interest…The design of the law must be to protect those persons with whose affairs the community has no legitimate concern, from being dragged into an undesirable and undesired publicity and to protect all persons, whatsoever; their position or station, from having matters which they may properly prefer to keep private, made public against their will.” I agree that if someone writes a private letter than they should have a say whether it is fine or not to publish it. They put in the time and effort to draft the letter and if the author knew it would be published with or without their consent they would have made provisions while drafting the letter to make sure it would not harm their reputation. If what someone believes in or something they take part in does not harm another individual or cause direct harm to the general community then they should have a right to privacy and a right to determine if they want their letter or actions made public.

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