Individual and Group PrivacyIn exploring a series of problems associated with privacy and the First Amendment, Bloustein defines individual and group privacy, distinguishing them from each other and related concepts. He also identifies the public interest in individual privacy as individual integrity or liberty, and that of group privacy as the integrity of social structure. The legal protection afforded each of these forms of privacy is illustrated at length, as is the clash between them and the constitutional guarantees of the First Amendment and the citizen's general right to know. In his final essay, Bloustein insists that the concept of group privacy is essential to a properly functioning social structure, and warns that it would be disastrous if this principle were neglected as part of an overreaction to the misuse of group confidences that characterized the Nixon era. |
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actual malice agency Alexander Meiklejohn analysis applied association believe Bloustein Branzburg common law concerning confidences Congress constitutional protection corporations criminal Curtis Publishing Co damages Dean Prosser defamation defense dissenting due process eavesdropping executive privilege exemption fact federal fifth amendment FOIA fourth amendment free expression freedom Gertz gossip governing purposes group privacy hereinafter cited human dignity identifying intrusion invasion of privacy involved issue Justice Brennan Justice Douglas Kalven law of privacy legislative libel limited Meiklejohn newsworthiness officer opinion photograph plaintiff political public disclosure public figure public interest publisher reason relevant remedy right to hear right to privacy right to speak secrets served Sidis speech statutes Supp supra note Supreme Court testimonial privilege text accompanying notes theory tort United violation Warren & Brandeis Warren and Brandeis westin wrong York Times Co York Times rule