Sunday, August 14, 2022
Seek and Hide by Amy Gajda
SEEK AND HIDE, The Tangled History of the Right to Privacy, by
Amy Gajda is “just the sort of road map we could use right now” according to The
Atlantic. And indeed, Gajda has been commenting on the recent execution of
a search warrant at Mar-a-Lago (see this piece for Wired magazine) and on the
relationship between abortion and the right to privacy (in this Time
magazine article). She begins her new book with
a short primer on the four types of US law: Constitutional (federal and state),
enacted statutes, regulations, and the common law created through the judicial
system. Subsequent chapters deal with the rise of privacy and the rise of media
as well as more recent debates on topics like the right to be forgotten. Gajda
stresses that tension exists between the individual's right to privacy and the
public's right to know the truth. She frames the discussion within an historical
context and illustrates her points with stories and anecdotes (with several,
for example, involving Louis Brandeis and Oliver Wendell Holmes), but the topic
is quite complicated, particularly for an average reader. Throughout this
sometimes surprising and always thoughtful review Gajda’s expertise, both as a
journalist and as the Class of 1937 Professor of Law at Tulane Law
School, is evident. An extensive set of notes, lengthy bibliography, and useful index are
included.
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