Benefits of viewing the right to privacy as a property right

There are many approaches to protecting privacy, but many of them run into conflicts, either with existing protections (perhaps especially the First Amendment) or with those who are suspicious of government regulation. But privacy rights do not necessarily need to be protected in a novel new form as a new right  —  one could instead leverage existing theories of property to do it.

The problem of expertise in a liberal democracy

Stephen Turner’s book, Liberal Democracy 3.0, provides a useful background to the problem of expertise — especially scientific expertise — in a modern liberal democracy. What is a liberal democracy? First, of course, it’s important to define what a “liberal democracy” is. The term liberal, unfortunately, has acquired a negative connotation for many today, especially amongst conservatives in the […]

“The Right to Privacy” by Warren and Brandeis

The modern “right to privacy” is frequently attributed to Warren and Brandeis’ groundbreaking 1890 law review essay of that same name. Its initial purpose, according to Steven Childress, was to recognize, within the traditional common law, “a civil and non-contractual right of protection against invasions of privacy.”

What is the First Amendment?

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Page 1 of 3123