Privacy, autonomy, and birth control in America, 1860-1900

Access to birth control became, controversially, protected by the “right to privacy” in 1965; a hundred years before, “procreation was a matter of public concern.” Yet, contradictorily and confusingly, Victorian women — and their bodies — were protected (and limited) by a powerful social division between private and public spheres.

Privacy, liberty, dignity: Kennedy in Obergefell

Kennedy took a fascinating approach to discussing fundamental rights in Obergefell, making an argument that combined substantive due process with equal protection. To do this, he moved away from “privacy,” used in many of the cases he cited, to “dignity” and “liberty.” Using the term “liberty” instead of “privacy” (as in Griswold and Roe v. Wade) when discussing issues of […]

Musings on law, technology, and privacy

I’ve been working on my dissertation for a few months now (it looks at American privacy law over some 150 years, and investigates how technology interacts with that law). Some of that work will emerge here in draft form eventually, but for now I’ve been thinking about the theoretical/critical framework for my work. Much of this framework will be implicit — since I’m writing a dissertation in history — but it will guide me nonetheless. It will develop throughout the writing process, but here are some initial thoughts.

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