Tuesday, March 11, 2014

Question#3 WHY Part of why I agree/disagree with question


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.

          This example is introduced because it provides an analogy to privacy and what people assume when they draft a letter. When a document is written by an individual the author does not take into account that someone else might look at it or that the recipient might share it with others. A letter is kind of personal and private especially since the format is formal and direct. I agree with warren and Brandies because a letter is personal and if I write something that is intentionally meant for one person than I would assume that nobody else will read it and if I have repor with that person I might disclose personal information that I would not want anyone else knowing about me. The author should have say whether what they drafted should be made public because they are the reason for the letter existing and took their own time out of their life to create it. The reason why I agree with Warren and Brandeis is because the author of the letter took their time and did not take into consideration that the letter would be shared; if they took that into account perhaps personal details or other information would not have been included. Slandering someones reputation over something that was meant to be direct and personal is illegal and defined as defamation of character. If the letter is offensive to the general community and could harm the authors reputation than the author should consider what effect is could have on them if it were made public.

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