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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