Changes

Jump to navigation Jump to search
1,104 bytes added ,  07:14, December 7, 2014
m
Line 5: Line 5:     
Before Brandeis, [[classical liberalism]] protected privacy as a repository for human passions in order to prevent them from corrupting rational public discourse. Brandeis saw emotions as a positive expression of human nature, and so desired privacy protection for them as protection against repression of the human spirit. Contemporary constitutional theory rejects the restriction of personal passions to private forums and protects the right to personal expression in public.<ref>Grant B. Mindle, "Liberalism, Privacy, and Autonomy" ''Journal of Politics'' 1989 51(3): 575-598 24p.</ref>
 
Before Brandeis, [[classical liberalism]] protected privacy as a repository for human passions in order to prevent them from corrupting rational public discourse. Brandeis saw emotions as a positive expression of human nature, and so desired privacy protection for them as protection against repression of the human spirit. Contemporary constitutional theory rejects the restriction of personal passions to private forums and protects the right to personal expression in public.<ref>Grant B. Mindle, "Liberalism, Privacy, and Autonomy" ''Journal of Politics'' 1989 51(3): 575-598 24p.</ref>
 +
 +
===Quotes by Brandeis on Police State Surveillance===
 +
* "The progress of [[science]] in furnishing the [[big government|government]] with means of [[espionage]] is not likely to stop with wire tapping. Ways may some day be developed by which the [[Police state|government]], without removing papers from secret drawers, can reproduce them in court, and by which it will be enabled to expose to a [[jury]] the most intimate occurrences of the home. Advances in the psychic and related sciences may bring means of exploring unexpressed beliefs, thoughts and emotions. 'That places the [[liberty]] of every man in the hands of every [[tyrant|petty officer]]' was said by James Otis of much lesser intrusions than these. 1 To Lord Camden a far slighter intrusion seemed '[[subversive]] of all the comforts of society.' Can it be that the [[Constitution]] affords no protection against such invasions of [[Fourth Amendment|individual security]]?"
 +
** [[Louis Brandeis]]'''  (1856-1941), [[United States Supreme Court]] [[Associate Justice]] Dissenting, ''[[Olmstead v. United States]]'', 277 U.S. 438 (1928).
    
==Tort law==
 
==Tort law==
SkipCaptcha
12,693

edits

Navigation menu