Balancing privacy and free speech : unwanted attention in the age of social media /

Balancing privacy and free speech : unwanted attention in the age of social media /

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Bibliographic Details
Main Author: Tunick, Mark
Format: Book
Language:English
Published: London ; New York : Routledge, Taylor & Francis Group, 2015
Series:Routledge research in IT and E-commerce law
Subjects:
Social media > Law and legislation
Privacy, Right of
Freedom of expression
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Table of Contents:
  • Table of cases
  • Acknowledgments
  • 1. Introduction
  • Unwanted attention
  • The democratization of the media
  • Permissible and impermissible speech
  • Goals: Building a framework for addressing conflicts between privacy and free speech ; Formulating principles of privacy ethics ; Grounding privacy ; Reevaluating case law ; Distinguishing ethical and legal judgments
  • The book's layout
  • 2. The value of privacy
  • Defining privacy
  • Why privacy is valuable: Reputation ; Avoiding unjust punishment, and the "right to be forgotten" ; Property ; A lack of privacy is objectively harmful ; Intimacy, relational harms, and the need to compartmentalize ; No harm no foul? ; Trust ; Dignity and respect for persons ; Privacy, toleration, and community
  • Summary
  • 3. Legitimate privacy interests
  • Terminology: legitimate privacy interests and reasonable expectations of privacy
  • The plain view principle, modified
  • Which means of observation are legitimate?
  • the careful and carefree societies
  • Qualifying the plain view principle: One may reasonably expect privacy when one's dignity is implicated ; One can have a legitimate privacy interest that information not be spread to circles wider than one willingly exposed oneself to ; Controlling the intended audience of one's message ; Clarifying what counts as "readily accessible through legitimate means" ; Consent
  • Conclusion: privacy in public places
  • 4. The value of free speech
  • Reasons free speech is valuable
  • Should interests in free speech be put on a balancing scale?: The E.U. vs the U.S.
  • The slippery slope objection to protecting only some speech
  • The speech that merits legal protection
  • Do legal protections of free speech apply only to professional journalists?
  • Deciding what is newsworthy: Substitutability (Finger and Kim Phuc) ; Non-newsworthy details of a newsworthy event (Y.G and L.G.) ; Newsworthy for a select group, non-newsworthy for the general public (Parnigoni)
  • Conclusion
  • 5. Balancing privacy and free speech: Utilitarianism, its limits, and tolerating the sensitive
  • Introduction
  • The framework: Interests and rights ; Balancing privacy against free speech (as opposed to public safety) ; The utilitarian approach ; Limits of a utilitarian approach
  • Feasibility problems
  • The respect and dignity problem
  • Toleration and respect for persons
  • Weighing reasons and considerations without making a utilitarian calculation
  • 6. Cases
  • Publicizing private facts: Private facts in private places (Rear Window, Lake v. Wal-Mart) ; Private facts that are newsworthy (Alvarado, Kaysen) ; Private facts in public places (Upskirt videos, Dennison, Turnbull)
  • Cases at the border (Riley, Vazquez, and Wood)
  • Publicizing public facts: Public facts that are not newsworthy (the baseball fan) ; Publicizing newsworthy public facts (Public meetings and lectures, police conduct, arrests)
  • 7. Remedies
  • Google Glass with face recognition
  • Remedies: New social norms ; Legal remedies and their limits
  • Other alternatives
  • Technology and architecture
  • Market solutions and their limits
  • Conclusion

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