ABSTRACT

The democratization of the media has been associated with profound social changes. The benefits of ready public access to so much information are hard to exaggerate. At the same time, the democratization of the media poses an unprecedented threat to individuals’ privacy. Courts in the United States have long dealt with conflicts between privacy and free speech typically by deferring to the free press and its acknowledged role as a servant for the public good. It is just as clear that in some cases free speech should prevail over privacy or security concerns. When someone who receives unwanted attention makes a legal challenge, they need to indicate a “cause of action,” or identify existing laws or legal precedents that give them a legal right not to have their privacy violated. The chapter also presents an overview of the key concepts discussed in this book.