Hollywood Heroes and Shameful Hookers

Author(s):  
Jessica Lake

This chapter examines the cases in which individuals used a right to privacy to claim ownership over their life stories, when appropriated by film studios for fiction films. It tracks the move of industrial image making from the East Coast to the West coast of the United States in the 1910s and compares the different contexts of New York’s privacy laws with California’s, informed as they were by a utopian “pursuit of happiness” guaranteed by the Californian Constitution. This chapter also examines the right of privacy in relation to the censorship demands of the Hays Code and considers the onscreen celebration of men’s heroic “public” lives compared to the shaming of women’s “private” lives. It discusses the motion pictures CDQ or Saved by Wireless (1911), The Red Kimono (1925), Yankee Doodle Dandy (1944) and The Sands of Iwo Jima (1949). Whereas female plaintiffs took issue with being condemned or marginalized by films because of their sexuality (their status as hookers or divorcees), men protested the implications of being publicly celebrated for their professional deeds or achievements.

1989 ◽  
Vol 15 (2-3) ◽  
pp. 227-233 ◽  
Author(s):  
Paul Benjamin Linton

In Roe v. Wade, the Supreme Court held that “[the] right of privacy … founded in the Fourteenth Amendment's concept of personal liberty … is broad enough to encompass a woman's decision whether or not to terminate her pregnancy.” The Court acknowledged that “[t]he Constitution does not explicitly mention any right of privacy.” Nevertheless, the Court held that a “right of personal privacy, or a guarantee of certain areas or zones of privacy, does exist under the Constitution.” However, “only personal rights that can be deemed ‘fundamental’ or ‘implicit in the concept of ordered liberty,’ … are included in this guarantee of personal privacy.”


Author(s):  
Mark Lunney ◽  
Donal Nolan ◽  
Ken Oliphant

The right of privacy under Article 8 of the European Convention on Human Rights was incorporated into English law by the Human Rights Act 1998, but English law as yet recognises no tort of invasion of privacy as such. Admittedly, a number of specific torts protect particular aspects of privacy, but this protection may be regarded as haphazard, incidental, and incomplete. Recent decisions, however, have seen substantial developments in the protection given to particular privacy interests, above all by adapting the law of breach of confidence to provide a remedy against the unauthorised disclosure of personal information. These issues are discussed in this chapter.


Author(s):  
Scott Flinn ◽  
Scott Buffett

This chapter discusses privacy from the perspective of the consumer of e-services. It proposes a technique for risk management assessment designed to help consumers evaluate a situation to identify and understand potential privacy concerns. The technique centers around a series of questions based on common principles of privacy protection. The chapter discusses how a consumer can understand exposure risks and how information can be controlled and monitored to mitigate the risks. It also proposes a method for assessing the consumer’s value of personal information, and a mechanism for automated negotiation is presented to facilitate fair, private information exchange. The authors believe that these or similar techniques are essential to give consumers of e-services meaningful control over the personal information they release. This forward-looking chapter provides a foundation for developing methods to empower users with control over their private information.


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