The Right to Privacy: On The Right To Be Let Alone.

 
9781500856922: The Right to Privacy: On The Right To Be Let Alone.
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“Our government... teaches the whole people by its example. If the government becomes the lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy.” -Louis D. Brandeis

“In "The Right to Privacy," Louis Brandeis...defined protection of the private realm as the foundation of individual freedom in the modern age. Given the increasing capacity of government, the press, and other agencies and institutions to invade previously inaccessible aspects of personal activity, they argued that the law must evolve in response to technological change. Traditional prohibitions against trespass, assault, libel, and other invasive acts had afforded sufficient safeguards in previous eras, but these established principles could not, in their view, protect individuals from the "too enterprising press, the photographer, or the possessor of any other modern device for rewording or reproducing scenes or sounds." Consequently, in order to uphold the "right to one's personality" in the face of modern business practices and invasive inventions, they concluded that legal remedies had to be developed to enforce definite boundaries between public and private life.

“One of the most influential essays in the history of American law, Brandeis remained a stalwart champion of the right to privacy during his tenure as a member of the Supreme Court from 1916 to 1939. Thus, in his famous dissent in Olmstead v. United States (1928), Brandeis defined the ‘right to be let alone’ as ‘the most comprehensive of rights, and the right most valued by civilized men.’

“Ironically, Brandeis's long-term defense of privacy was interwoven with strong support for government regulation of private enterprise. Against those who viewed freedom of contract and the pursuit of economic self-interest as aspects of individual liberty, Brandeis consistently advocated political regulation of working conditions and economic competition. In 1908, in Muller v. Oregon, Brandeis wrote a famous brief that included sociological statistics and medical information, as well as traditional legal reasoning, that helped to convince the Supreme Court to uphold legislation that limited working hours for women. Later, as he was nearing the end of his career, Brandeis stood with the minority of justices who defended the constitutionality of legislation passed under Franklin Delano Roosevelt's New Deal.” -University of Massachusetts Lowell

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About the Author:

As a young lawyer in the late nineteenth and early twentieth centuries, Louis Brandeis, born into a family of reformers who came to the United States to escape European anti-Semitism, established the way modern law is practiced. He was an early champion of the right to privacy and pioneer the idea of pro bono work by attorneys. Brandeis invented savings bank life insurance in Massachusetts and was a driving force in the development of the Clayton Antitrust Act, the Federal Reserve Act, and the law establishing the Federal Trade Commission. Brandeis witnessed and suffered from the anti-Semitism rampant in the United States in the early twentieth century, and with the outbreak of World War I, became at age fifty-eight the head of the American Zionist movement. During the brutal six-month congressional confirmation battle that ensued when Woodrow Wilson nominated him to the Supreme Court in 1916, Brandeis was described as “a disturbing element in any gentlemen’s club.” But once on the Court, he became one of its most influential members, developing the modern jurisprudence of free speech and the doctrine of a constitutionally protected right to privacy and suggesting what became known as the doctrine of incorporation, by which the Bill of Rights came to apply to the states.

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Louis D. Brandeis
Published by CreateSpace Independent Publishing Platform (2014)
ISBN 10: 1500856924 ISBN 13: 9781500856922
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