Journalism and the Debate Over Privacy

Journalism and the Debate Over Privacy situates the discussion of issues of privacy in the landscape of professional journalism. Privacy problems present the widest gap between what journalism ethics suggest and what the law allows. This edited volume examines these problems in the context of both free expression theory and newsroom practice. Including essays by some of the country's foremost First Amendment scholars, the volume starts off in Part I with an examination of privacy in theoretical terms, intended to start the reader thinking broadly about conceptual problems in discussions about journalism and privacy. Part II builds on the theoretical underpinnings and looks at privacy problems as they are experienced by working journalists. This volume features discussion of: *privacy as a socially-constructed right--a moving target that changes with technology, social norms, national experience, and journalistic practice; *privacy as both a property and a commercial right; *privacy in terms of journalism ethics and journalistic codes; *privacy as an attribute of press independence from government; and *Bartnicki v. Vopper and its implications for journalism. With this volume, editor Craig L. LaMay provides a concise, intellectually provocative overview of a topic that is of growing importance to journalists, both legally and ethically. The work is intended for scholars and advanced students in communication law, ethics, and First Amendment rights, and is also appropriate for First Amendment and media law classes in law schools.

Contents: C.L. LaMay, Preface. Part I:Theoretical Perspectives on Privacy and Free Expression. F. Schauer, The Social Construction of Privacy. R.P. Bezanson, The Structural Attributes of Press Freedom: Private Ownership, Public Orientation, and Editorial Independence. Part II:Journalism and Privacy. A. Lewis, The Right to Be Let Alone. A.L. Allen, Why Journalists Can't Protect Privacy. R. Smolla, Law Breaking and Truth Telling: Formal Legal Doctrine and the Imbalance Between Intrusion and Revelation Claims. J.E. Kirtley, What's in a Name? Privacy, Property Rights, and Free Expression in the New Communications Media. C.L. LaMay, Privacy, Property, and "Advertisements in Disguise": The First Amendment and the Right of Publicity.

Craig LaMay