New Books In Law

Amy Gajda, "Seek and Hide: The Tangled History of the Right to Privacy" (Viking, 2022)

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Synopsis

Should everyone have privacy in their personal lives? Can privacy exist in a public place? Is there a right to be left alone, even in the United States? The battle between an individual’s right to privacy and the public’s right to know has been fought for centuries. You may be surprised to realize that the original framers were sensitive to the importance of privacy interests relating to sexuality and intimate life, but mostly just for the powerful and the privileged. The founders demanded privacy for all the wrong press-quashing reasons. Supreme Court jus­tice Louis Brandeis famously promoted First Amend­ment freedoms but argued strongly for privacy too; and presidents from Thomas Jefferson through Don­ald Trump confidently hid behind privacy despite the public interest in their lives. Today privacy seems simultaneously under siege and surging. And that’s doubly dangerous, as author Amy Gajda argues. Too little privacy leaves ordinary people vulnerable to those who deal in and publish soul-crushing secrets.