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

Format:

Book

Author/Creator:

Tunick, Mark, author.

Series:

Routledge Research in Information Technology and E-Commerce Law

Language:

English

Subjects (All):

Social media--Law and legislation.

Social media.

Privacy, Right of.

Freedom of expression.

Physical Description:

1 online resource (xiv, 222 pages)

Edition:

1 ed.

Place of Publication:

Abingdon, Oxon ; New York : Routledge, 2015.

Language Note:

English

Biography/History:

Mark Tunick is Professor of Political Science at the Wilkes Honors College,Florida Atlantic University, where he teaches political theory and constitutional law. He has B.S. degrees in Political Science and Management fromMIT and his Ph.D. in Political Science from the University of California,Berkeley.

Summary:

In an age of smartphones, Facebook, and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions thatarise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the U.S., U.K., Australia,Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society’s interest in free speech and access to information.Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling theextent to which information about us is disseminated.

The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the U.S. and Europe, and the debate about a “right to be forgotten,” Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing.This book will be of great interest to students of privacy law, legal ethics,internet governance, and media law in general.

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.

Notes:

Includes bibliographical references and index.

CC BY-NC-ND

Description based on print version record.

ISBN:

9781317650362

1317650360

9781315763132

1315763133

9781317650379

1317650379

OCLC:

891383455

Access Restriction:

Open access Unrestricted online access