Short History of Privacy in the US
Privacy is not mentioned in the Constitution
Privacy is not mentioned in the Bill of Rights
Warren and Brandeis first argued for “The right to privacy” in the Harvard Law Review (1890)
- Claim that the desire to protect privacy was recognized in cultural practice and the legal community
- Privacy protections would need to account for harms to a person’s thoughts, emotions, and feelings
- Question: How to do this within the existing legal framework?